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Date: 27-01-2020 Business: None for plaintiff . Adv. Ghogare for defendants no. 1 and 2 present and tendered vakalatnama t.o.r. Its marked at Exh.7 Adjd to 12-03-2020 for WS . Next Purpose: WRITTEN STATEMENT Next Hearing Date: 12-03-2020 Date: 12-03-2020 Next Purpose: WRITTEN STATEMENT Next Hearing Date: 22-04-2020 Date: 22-04-2020 Reason For Adjournment: National Lock Down Next Purpose: WRITTEN STATEMENT Next Hearing Date: 13-05-2020 Date: 13-05-2020 Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 02-06-2020 Date: 02-06-2020 Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned Next Purpose: WRITTEN STATEMENT Next Hearing Date: 19-06-2020 Date: 19-06-2020 Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 08-09-2020 Date: 08-09-2020 Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 12-11-2020 Date: 12-11-2020 Business: Due to Covid-19, the matter is adjourned to 08.02.2021. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 08-02-2021 Date: 08-02-2021 Business: Adv. Tejas Mahamuni for plaintiff present. Adv. Anita Patil for deft. no.2 present. Adv. for plaintiff tendered registered N/M No.4764/19. T.O.R. Ld. counsel for deft. no.2 seeks extension for registration of N/M. Granted. Ld. counsel for deft. no.2 supplied copy of N/M to counsel for plaintiff. The matter is adjd for reply to N/M to 09.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-03-2021 Date: 09-03-2021 Business: None for plaintiff. Adv. Anita Patil for deft. no.2 present. Registered N/M No.551/21 tendered by Adv. for deft. no.2. T.O.R. The matter is adjd for reply to N/M to 23.04.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-04-2021 Date: 23-04-2021 Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 02.08.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-08-2021 Date: 02-08-2021 Business: P.O. is on leave. The matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-08-2021 Date: 17-08-2021 Business: Adv. Sanket Mungale for plaintiff present. Adv. For plaintiff filed say on N/M no.551/21. Adv. For deft. no.2 absent. Heard Adv. For plaintiff on N/M No.551/21. ORDER BELOW N/M NO.551/21 This N/M is taken out by deft. no.2 praying to condone delay of 80 days in filing the written statement. It is contended in the N/M that writ of summons were served upon deft. no.2 on 21.11.2019. After service of summons, deft. no.2 contacted his advocate and filed vakalatnama on 29.11.2019 and matter was adjourned to 27.01.2020. He was not satisfied with his advocate and therefore, he has changed his advocate. Matter pertains to dissolution of partnership firm which was closed way back in the year 2010. He required time for searching the documents and as a result thereof, there is delay of 80 days in filing the written statement. Deft. no.2 prayed to condone the delay in filing the written statement. Ld. counsel for plaintiff strongly objected the N/M. In the alternative, he prayed to allow the N/M subject to heavy costs. Perused the proceeding sheet and plaint. Suit is for dissolution of partnership firm. Avernments in the plaint show that deed of partnership between plaintiff and deft. no.2 was executed on 15.04.1986. Plaintiff further pleaded that dispute between the parties arose in the year 2009-10 and parties tried to resolve the disputes. Thus, I found substance in the contention of the deft. no.2 that he required time for collecting the documents pertaining to partnership firm. Deft. no.2 has given sufficient cause for delay in filing the written statement. Considering all these aspects and principles of natural justice, it would be expedient to allow deft. no.2 to contest the suit on merits. However, delay caused by deft. no.2, in filing written statement, is required to be saddled with costs. In the result, following order. ORDER 1. N/M No.551/21 is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2,000/- to plaintiff within one month. 2. After payment of costs, written statement of deft. no.2 be taken on record. 3. N/M No.551/21 is disposed of accordingly. The matter is adjd for reply and hearing on N/M No.4764/19 to 09.09.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-09-2021 Date: 09-09-2021 Business: None present. Parties are directed to follow provisions of the Commercial Courts Act. The matter is adjd for reply and hearing on N/M No.4764/19 to 27.09.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-09-2021 Date: 27-09-2021 Business: None present. The matter is adjd for hearing on N/M to 07.10.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: P.O. is on leave. Hence, Matter Adjourned to Next Purpose: NM FOR HEARING Next Hearing Date: 22-10-2021 Date: 22-10-2021 Business: None for plaintiff. Adv. Ghogare for deft. no.2 present. The matter is adjd for reply and hearing on N/M no.4764/19 to 11.11.2021. L.O. at 03.35 pm. Adv. Tejas Mahamuni for plaintiff present. The matter is already adjd for reply and hearing on N/M no.4764/19 to 11.11.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 11-11-2021 Date: 11-11-2021 Business: Adv. Tejas Mahamuni for plaintiff present. Adv. Ghogre for deft. no.2 present. Adv. For plaintiff submits that he has received costs of Rs.2,000/- as per order dated 17.08.2021. Exh.8 - Written statement of deft. no.2 is taken on record. O. - Read and recorded. The matter is adjd for reply and hearing on N/M to 08.12.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-12-2021 Date: 08-12-2021 Business: P.O. is on leave, Matter Adjd, Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: Adv. Sanket Mungale for plaintiff present. Adv. Ghogare for deft. no.2 present. Copy of written statement is served upon Adv. For plaintiff. The matter is adjd for reply and hearing on N/M to 07.01.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2022 Date: 07-01-2022 Business: Adv. Sanket Mungale for plaintiff present. None for deft. The matter is adjd for reply/hearing on N/M to 27.01.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-01-2022 Date: 27-01-2022 Business: None present. In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for reply/hearing on N/M to 18.02.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-02-2022 Date: 18-02-2022 Business: P. O. is on leave. Hence, matter is adjourned to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-03-2022 Date: 10-03-2022 Business: Adv. Sanket Mungale for plaintiff present. Adv. Anita Patil for deft. no.2 present. Exh.9 - Pursis filed by Adv. For deft. no.2. T.O.R. By filing pursis (Exh.9), deft. no.2 submitted to treat contents in his written statement as reply to N/M No.4764/19. The matter is adjd for N/M hearing to 22.03.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 22-03-2022 Date: 22-03-2022 Business: Shubham Tambe, Clerk of Adv. of plaintiff present. Adv. Abhishek Chaturvedi for deft. no.2 present. By consent, the matter is adjd for N/M hearing to 05.04.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 05-04-2022 Date: 05-04-2022 Business: Shubham Kamble, Clerk of Adv. of plaintiff present. Adv. Mansi Pawar for deft. no.2 present. By consent, the matter is adjd for N/M hearing to 28.04.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 28-04-2022 Date: 28-04-2022 Business: Adv. Sanket Mungale for plaintiff present. Adv. Abhishek Chaturvedi for deft. no.2 present. Adv. For deft. no.2 sought adjournment on the ground that senior advocate is busy in another Court. Matter is pending since long for hearing on N/M. Therefore, adjournment is granted for today as a last chance. The matter is adjd for hearing on N/M to 06.06.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 06-06-2022 Date: 06-06-2022 Business: Adv. Sanket Mungale for plaintiff present. Adv. Ghogre for deft. no.2 present. Ld. counsel for plaintiff submits that parties will explore the possibility of settlement. On oral request of Ld. Counsel for plaintiff, the matter is adjourned for hearing on N/M. The matter is adjd for N/M hearing to 24.06.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 24-06-2022 Date: 24-06-2022 Business: Adv. Sanket Mungale for plaintiff present. Adv. Ghogre for deft. no.2 present. Both parties submit that there is an element of settlement between the parties. Plaintiff and deft. no.2 are real brothers. In view of submissions advanced on behalf of plaintiff and deft. no.2, matter is referred to mediation by passing separate referral order. The matter is adjd for mediation report to 05.08.2022. Next Purpose: MEDIATION REPORT Next Hearing Date: 05-08-2022 Date: 05-08-2022 Business: None for plaintiff. Adv. Vaibhav Ghogre with Adv. Anita Patil for deft. no.2 present. Deft. no.2 present. The matter is adjd for awaiting mediation report to 13.09.2022. Next Purpose: MEDIATION REPORT Next Hearing Date: 13-09-2022 Date: 13-09-2022 Business: None for plaintiff. Adv. Anita Patil for deft. no.2 present. The matter is adjd for mediation report to 22.09.2022. Next Purpose: MEDIATION REPORT Next Hearing Date: 22-09-2022 Date: 22-09-2022 Business: The Court is Vacant. Hence, matter is adjourned. Next Purpose: MEDIATION REPORT Next Hearing Date: 18-11-2022 Date: 18-11-2022 Business: The Court is Vacant. Hence, Matter is adjourned. Next Purpose: MEDIATION REPORT Next Hearing Date: 23-12-2022 Date: 23-12-2022 Business: The Court is vacant. The Matter is adjourned. Next Purpose: NM FOR HEARING Next Hearing Date: 16-01-2023 Date: 16-01-2023 Business: The court is vacant. Hence, Matter is adjd. Next Purpose: NM FOR HEARING Next Hearing Date: 02-02-2023 Date: 02-02-2023 Business: The court is vacant. Hence, matter is adjd. Next Purpose: NM FOR HEARING Next Hearing Date: 23-02-2023 Date: 23-02-2023 Business: The court is vacant. Hence, matter is adjd. Next Purpose: NM FOR HEARING Next Hearing Date: 15-03-2023 Date: 15-03-2023 Business: The court is vacant. Hence, matter is adjd to. Next Purpose: NM FOR HEARING Next Hearing Date: 10-04-2023 Date: 10-04-2023 Business: Court is vacant. Matter adjd to Next Purpose: NM FOR HEARING Next Hearing Date: 07-06-2023 Date: 07-06-2023 Business: court is vacant. Hence, matter is adjd to. Next Purpose: NM FOR HEARING Next Hearing Date: 05-07-2023 Date: 05-07-2023 Business: Suresh Dhanraj Mehta Vs M/s. Vaibhav Metals Adv. Sameer Solanki present for plaintiff. He is seeking oral adjournment. Defendant side called, but absent. Parties to expedite. Else, put for necessary order. Matter adjourned to 13.09.2023 for arguments on Notice of Motion. Next Purpose: NM FOR HEARING Next Hearing Date: 13-09-2023 Date: 13-09-2023 Business: Matter received under transfer from Court Room No. 14 Suresh Dhanraj Mehta Vs M/s. Vaibhav Metals Adv. Sanket Mungale present for plaintiff. Adv. Vaibhav Ghogare present for defendant No.2 Matter adjourned to 06.10.2023 at 15.00 hrs for arguments. Next Purpose: NM ARGUMENTS Next Hearing Date: 06-10-2023 Date: 06-10-2023 Business: Suresh Dhanraj Mehta Vs M/s. Vaibhav Metals Adv. Sanket Mungale present for plaintiff. Adv. Vaibhav Ghogare present for defendant No.2. Both submitted that, they will require 30 min each for oral arguments. Both sides to file written submissions by next date. Matter adjourned to 30.10.2023 for NM arguments. Next Purpose: NM ARGUMENTS Next Hearing Date: 30-10-2023 Date: 30-10-2023 Business: Suresh Mehta V/s Vaibhav Metals All called, but absent. Parties to comply order dated 06.10.2023 Later on at 12.15 Hrs. Adv. Sanket Mungale present for plaintiff. Adv. Vaibhav Ghogare present for defendant. Case adjourned to 30.11.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-11-2023 Date: 30-11-2023 Business: Suresh Mehta V/s Vaibhav Metals Adv. Swapna Khemalapure present for plaintiff. Adv. Vaibhav Ghogare present for defendant No.2. Perusal shows that, the suit is filed on 17.10.2019 and since the Notice of Motion is pending. Parties were directed to argue Notice of Motion on 05.06.2023, 13.09.2023. On 06.10.2023 both sides were directed to file their written submission. Today, both are seeking oral adjournment. Hence, arguments stands closed. Matter adjourned for order. Case adjourned to 06.12.2024 for order. Next Purpose: NM ORDERS Next Hearing Date: 06-12-2023 Date: 06-12-2023 Business: Suresh Dhanraj Mehta V/s M/s. Vaibhav Metals Adv. Sanket Mungale present for plaintiff. Adv. Vaibhav Ghogare present for defendant no.2 On request of both the advocates. Case adjourned to 08.01.2024 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 08-01-2024 Date: 08-01-2024 Business: None present. KB LO at 12.14 pm Adv Swapna holding for Adv Sanket Mungle for plaintiff present. On oral request of Adv for plaintiff, matter stands Adj for NM Hearing on 02/02/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 02-02-2024 Date: 02-02-2024 Business: None for plaintiff. Adv Sarvesh Gawade i/b Adv Sandip Ghogare for defendant no. 2 present. KB LO at 12.41 pm Adv Sanket Mungale for plaintiff present. Adv Vaibhav Ghogare i/b Adv Sandip Ghogare for defendant no. 2 present. With the consent of both parties, matter stands Adj for NM Hearing on 23/02/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 23-02-2024 Date: 23-02-2024 Business: Adv Swapna h/f Adv Sanket Mungale for plaintiff present. Adv Vaibhav Ghogare for defendant no. 2 present. On oral request of Ld. Adv for plaintiff, matter stands Adj for NM Hearing on 29/02/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 29-02-2024 Date: 29-02-2024 Business: Adv Sanket Mungale for plaintiff present. Adv Sarvesh Gawade i/b Adv Sandip Ghogare for defendant no. 2 present. Matter stands Adj for Hearing on 05/04/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 05-04-2024 Date: 05-04-2024 Business: Adv Sanket Mungale for plaintiff present. Adv Vaibhav Ghogare for defendant no. 2 present. On oral request of Ld. Adv for defendant, matter stands Adj for NM Hearing on 16/04/2024 at 2.45 pm. Next Purpose: NM FOR HEARING Next Hearing Date: 16-04-2024 Date: 16-04-2024 Business: Adv Sanket Mungale for plaintiff present. None for defendant. It is submitted that today both the parties have difficulties to argue the matter and hence it is informed by defendant to take a short date. Thus considering the request, matter stands Adj for NM Hearing on 03/05/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 03-05-2024 Date: 03-05-2024 Business: Adv Swapna K. for plaintiff present. None for defendant. Matter stands Adj for NM Hearing on 28/06/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 28-06-2024 Date: 28-06-2024 Business: None present for plaintiff. Representative of defendant no. 1 Co. present. Adv Sarvesh Gawade a/w Adv Vaibhav Ghogare h/f Adv Sandeep Ghogare for defendant no. 2 present. KB LO at 12.52 pm None present for plaintiff. Adv Vaibhav Ghogare for defendant no. 2 present. Matter stands Adj for NM Hearing on 04/07/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 04-07-2024 Date: 04-07-2024 Business: Adv Kanaka Kamat h/f Adv Sanket Mungle for plaintiff present. Adv Vaibhav Ghogare for defendant no. 2 present. It is submitted that Ld. Adv for plaintiff who is going to argue the matter is not keeping well. Hence last chance granted to argue the NM, else appropriate order will be passed. Matter stands Adj for NM Hearing on 18/07/2024. Next Purpose: NM FOR HEARING Next Hearing Date: 18-07-2024 Date: 18-07-2024 Business: Adv Swapna h/f Adv Sanket Mungale for plaintiff present. Adv Vaibhav Ghogare a/w Adv Sorvesh Gawade i/b Adv Sandip Ghogare for defendant no. 2 present. KB LO at 1.21 pm Same appearance for plaintiff and defendant. Partly heard by Ld. Adv for plaintiff. Matter stands Adj for NM Hearing on 19/07/2024. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 19-07-2024 Date: 19-07-2024 Business: Adv Sanket Mungale for plaintiff present through VC. Adv Vaibhav Ghogare a/w Adv Sorvesh Gawade i/b Adv Sandip Ghogare for defendant no. 2 present. Heard both sides. Matter stands Adj for Rejoinder on 30/07/2024. Next Purpose: REJOINDER Next Hearing Date: 30-07-2024 Date: 30-07-2024 Business: None present for plaintiff. Representative of defendant Co. present. KB LO at 12.34 pm None present for plaintiff. Adv Vaibhav Ghogare for defendant no. 2 present. Matter stands Adj for Rejoinder / NM Hearing on 05/08/2024. Next Purpose: REJOINDER Next Hearing Date: 05-08-2024 Date: 05-08-2024 Business: None present for plaintiff. Adv Sarvesh Gawade for defendant no. 2 present. KB LO at 12.23 pm None present for plaintiff. Adv Sarvesh Gawade for defendant no. 2 present. Matter stands Adj for Rejoinder on 31/08/2024. Next Purpose: REJOINDER Next Hearing Date: 31-08-2024 Date: 31-08-2024 Business: P. O. is on Leave. Next Purpose: REJOINDER Next Hearing Date: 13-09-2024 Date: 13-09-2024 Business: Adv Swapna Khemlapure for plaintiff present. Adv Sarvesh Gawade for defendant no. 2 present. On oral request, last chance granted for filing rejoinder. Matter stands Adj for Rejoinder / NM Hearing on 18/10/2024. Next Purpose: REJOINDER Next Hearing Date: 18-10-2024 Date: 18-10-2024 Business: Adv Swapna Khemlapure for plaintiff present. Defendant no. 2 present. Adv Sarvesh Gawade for defendant no. 2 present. KB LO at 12.52 pm Same appearance for plaintiff. Adv Vaibhav Ghogare for defendant no. 2 present through VC. Last chance granted to plaintiff subject to cost of Rs. 1000/- to be paid to DLSA. Matter stands Adj for Rejoinder / NM Hearing on 22/11/2024. Next Purpose: REJOINDER Next Hearing Date: 22-11-2024 Date: 22-11-2024 Business: Adv Swapna Khemlapure for plaintiff present. Adv Kruttika Joshi for defendant present. Adv for plaintiff filed pursis. t.o.r. marked as Exh. 11. O- Seen. She complied the cost as per order dated 18/10/2024. She also filed written submissions. t.o.r. Copy supplied to defendant. Matter stands Adj for NM Order on 06/12/2024. Next Purpose: NM ORDERS Next Hearing Date: 06-12-2024 Date: 06-12-2024 Business: Adv Swapna Khemlapure for plaintiff present through VC. Adv Vaibhav Ghogare for defendant no. 2 present. Advocate for defendant advanced his arguments on the written submissions of the plaintiff. Matter stands Adj for NM Order on 04/01/2025. Next Purpose: NM ORDERS Next Hearing Date: 04-01-2025 Date: 04-01-2025 Business: None present for plaintiff and defendant. Due to paucity of time, matter stands Adj for NM Order on 13/01/2025. Next Purpose: NM ORDERS Next Hearing Date: 13-01-2025 Date: 13-01-2025 Business: None present for plaintiff. Adv Kruttika Joshi for defendant no. 2 present. Due to paucity of time, matter stands Adj for NM Order on 29/01/2025. Next Purpose: NM ORDERS Next Hearing Date: 29-01-2025 Date: 29-01-2025 Business: None present for plaintiff and defendant. Due to paucity of time, matter stands Adj for NM Order on 07/02/2025. Next Purpose: NM ORDERS Next Hearing Date: 07-02-2025 Date: 07-02-2025 Business: None present for plaintiff and defendant. Due to paucity of time, court is busy in recording evidence in time bound matter and hearing in other matters. Matter stands Adj for NM order on 12-02-2025. Next Purpose: NM ORDERS Next Hearing Date: 12-02-2025 Date: 12-02-2025 Business: None present for plaintiff and defendant. F. R. S. R. following order is passed - Order 1. Notice of Motion No.4764 of 2019 stands dismissed. 2. No order as to costs. 3. Notice of Motion No.4764 of 2019 stands disposed off accordingly. Nature Of Disposal: DISMISSED Disposal Date: 12-02-2025
Filing Number: 113663/2019 Filing Date: 12-12-2019 First Hearing Date: 27th January 2020 Decision Date: 12th February 2025 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Order Details: Notice of Motion Pdf Text: N. M. No.4764 of 2019 -: 1 :- C. S. No.545 of 2021 MHCC010130232019 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY ORDER IN NOTICE OF MOTION NO.4764 of 2019 IN COMMERCIAL SUIT NO.545 OF 2021 (OLD S. C. SUIT NO.2899 OF 2019) Suresh Dhanraj Mehta. … Plaintiff. V/s. M/s. Vaibhav Metals & Anr. … Defendants. CORAM: HIS HONOUR JUDGE SHRI A. S. KAZI (COURT ROOM NO.14) DATE : 12.02.2025. -: Appearances:…
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