Siyaram Silk Mills Ltd (Summary judgment 20/22 )VsMr. Dhiren Desai

Date: 17-02-2020
Business: None for the Plaintiff.
Deft present.
Deft requested for adjournment to appoint lawyer. O-Granted.
Matter is Adjd for Written Statement to 03.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None for the Plaintiff.
Defendant present.
Defendant requested for adjournment. O-Granted.
Matter is Adjd for Written Statement to 28.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 14.10.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-11-2020

Date: 03-11-2020
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 10/11/ 2020 for w/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020

Date: 10-11-2020
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  03/12/ 2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None for plff.
None for def.
Matter adjd to 11/12/2020 for W/st.
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plff.
Adv Rajesh R.Dixit for defendant present and
filed vakalatnama taken on record alongwith w/st.
subject to limitation w/st is taken on record.
Perusal of plaint plff has failed to file statement of truth alongwith documents.  Plff is directed to file statement of truth on next date positively.
Adjd to 12/1/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present for plaintiff.
Adv.Mr.Rajesh Dixit for defendant present.
Matter adjd to 08.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present for plaintiff.
Defendant present.
Adv.Rajesh Dixit for defendant present.
Statement of truth, Exh.5 filed by Adv.of defendant t.o.r. O-filed.
List of documents, Exh.6 filed by Adv.of defendant t.o.r. O-filed.
Plaintiff to take steps.
Matter adjd to 22.02.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv.Sanjay Dhadam for plaintiff present.
Adv.Rajesh Dixit for defendant present.
Adv. of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Plaintiff to serve the defendant, the copy of chamber summons.
Matter adjd to 08.03.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for plaintiff.
Defendant present.
Adv.Rajesh Dixit for defendant present.
Matter adjd to 22.03.2021 for Chs reply.
LO
Adv.Harish Sakpal for plaintiff present.
Adv. of plaintiff filed registered chamber summons No.506/2021 a/w. affidavit in support of registered chamber summons No.506/2021 t.o.r.
Heard Adv. of plaintiff on chamber summons No.506/2021.
F.R.S.R. the following order is passed
         ORDER ON CH/S NO.506/21
1. Chamber Summons No.506/2021 is allowed.
2. The plaintiff to carry out the necessary amendment in the plaint within two weeks from the date of order.
3. Chamber Summons stands disposed of.
Matter adjd to 22.03.2021 for amendment.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv.Rutash Jadhav for plaintiff present.
None present for defendant.
Matter adjd to 06.04.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present for plaintiff.
Adv.Rajesh Dixit for defendant present.
Matter adjd to 29.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
Adv.Rajesh Dixit for defendant present.
The amendment allowed vide Chamber Summons No.506/2021 has been carried out by the plaintiff. Amended copy of plaint is not filed.
Matter adjd to 23.06.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to 10.08.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.01 pm
Adv.Rutash Jadhav h/f.Shah Legal for plaintiff present.
         The plaintiff submits that the representative of plaintiff has left the company, therefore, plaintiff want to file chamber summons to substitute the representative.
Matter adjd to 29.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.00 pm
Adv.Rutash Jadhav h/f.Shah Legal for plaintiff present.
The plaintiff requested for time as no representative has been appointed by the plaintiff. Time granted.
Matter adjd to 09.11.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.04 pm,
Adv.Rutash Jadhav h/f.Shah Legal for plaintiff present.
The plaintiff filed adjournment application, Exh.7 t.o.r.
O-Last chance granted.
Matter adjd to 10.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv.Harish Sakpal i/b.Shah Legal for plaintiff present.
None present for defendant.
The plaintiff filed draft chamber summons (amendment) a/w. affidavit in support. O-Leave granted to register.
The plaintiff undertakes to serve the copy of chamber summons and affidavit on the defendant.
Matter adjd to 14.01.2022 for reply to ch/s. by the deft.
Next Purpose: REPLY
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 07.02.2022 for CH/S reply.
Next Purpose: REPLY
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: REPLY
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
The plaintiff does not tender registered chamber summons and the defendant has not filed reply therein. Keep for order against both parties.
Matter adjd to 30.03.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None present for plaintiff.
None present for defendant.
Registered chamber summons is not filed, keep for order.
KB
LO at 11.36 am,
Adv.Harish Sakpal i/b.Shah Legal for plaintiff present.
The plaintiff filed registered chamber summons No.49/2022 a/w. affidavit t.o.r.
Matter adjd to 12.04.2022 for service affidavit and reply in chamber summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Mr. R. Jadhav for plaintiff present.
None present for defendant.
The plaintiff orally requested for time to serve the copy of chamber summons on the defendant. O- Time is granted as last chance.  defendant to file reply on or before next date.
Matter adjd to 02-05-2022 for hearing of chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plaintiff.
None present for defendant.
          The plaintiff is absent. Failed to make submission in respect of service of chamber summons on defendant. Chamber summons is kept for order.
Matter adjd to 24.06.2022 for ch/s. order.
                                                                                              Judge
LO at 02.45 pm,
Adv.Rutash Jadhav i/b.Shah Legal for plaintiff present.
The plaintiff filed service affidavit in respect of chamber summons a/w. letter of plaintiff\''s advocate and acknowledgement card t.o.r. and marked as Exh.8 (colly.).
The chamber summons is duly served on defendants advocate Mr.Rajesh Dixit. No reply filed by the defendant.
Matter adjd to 24.06.2022 for hearing on chamber summons.
                                                                                              Judge
LO at 03.45 pm,
Adv.Rajesh Dixit for defendant present. He filed handwritten reply on chamber summons itself.
Matter adjd to 24.06.2022 for hearing on chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None present.
KB LO 2.45 pm.
Adv. Rutash Jadhav Present for Plff.
None Present for Deft.
Heard adv of plff on CS 49/22.
Adj. For Argument of deft on CS 49/22 on 01/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None Present for Plff.
Adv. Rajesh Dixit Present for Deft.
Heard adv of deft on CS 49/22.
Adj. For Order on CS 49/22 on 06/08/2022.
Next Purpose: CS NM ORDERS
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Ruthash Jadhav Present for Plff.
None Present for Deft.
F.R.S.R. following order passed in  CS 49/22.
1. Chamber Summons No.49 of 2022 is made absolute as under.
2. Plaintiff is allowed to substitute/replace name of its legal representative in the plaint as prayed.
3. Plaintiff shall carry out amendment till next date.
Adj. For Amendment on 17/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Vikas Jadhav Present for Plff.
None Present for Deft.
Adv of plff has carried out amendment on 06/08/2022.
Adj. For Consequential amendment in WS and for Serving copy of amendment plaint on 26/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Defendant present.
Adv.Rajesh Dikshit for defendant present.
None present for plaintiff.
LO at 01.30 p.m.
Adv. Rutash Jadhav for plaintiff present.
Advocate of plaintiff has filed draft of S.J a/w affidavit. O: Leave granted to register S.J.
Case adj for service affidavit in respect of S.J. to 16/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Rutash Jadhav Present for Plff.
None Present for Deft.
Adv of plff has tendered registered summary judgment No.20/2022 along with affidavit. Copy be served to otherside.
Adj. For Service affidavit in respect of SJ 20/22 on 04/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Rutash Jadhadv Present for Plff and seeks time for filing service affidavit. Granted.
Adj. For Service affidavit on 16/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Rutash Jadhav I/b Shah legal Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff has field service affidavit along with postal tracking report; in respect of summary judgment no. 20/22 and amendment plaint. It shows that deft served with SJ and Copy of amendment plaint on 10/10/2022. However deft did not appear. Deft has not filed to summary judgment no.20/22. Hence summary judgment is proceeded without reply.
Adj. For Hearing on SJ No. 20/2022 on 08/12/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Matter pertains to Court room no. 32
Adv. Rutash Jadhav for plaintiff present.
Adv. Rajesh Dixit for defendant present.
Defendant present and tendered draft NM along with affidavit in support. O- Leave granted to register NM.
Copy is served to other side.
Adjd for NM reply to 17/12/2022
Next Purpose: REPLY
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: None Present for Plff.
Adv. Rajesh Dixit Present for Deft.
Adv of deft tendered registered NM 4697/22 along with affidavit.
Copy already served on 08/12/2022.
Adj. For Reply on NM 4697/22 on 13/01/2023.
Next Purpose: REPLY
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: None Present for Plff.
Adv. Rajesh Dixit Present for Deft.
Plff has not filed reply to NM 4697/22. NM be proceeded without reply of Plff.
Adj. For Hearing on NM 4697/22 on 06/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Next Purpose: HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present for plaintiff.
Adv. Rajesh Dixit for defendant present.
Heard, Argument of advocate of defendant on NM 4697/22.
KB.
LO at 3.15 p.m.
Adv Shukla i/b. Shah legal for plaintiff present.
FRSR following order passed
ORDER
Notice of Motion is allowed as under.
(i) Delay caused in filing reply to Summary Judgment No.20/2022 is condoned subject to cost of Rs.500/- to be paid to the plaintiff till next date.
(ii) After compliance of above condition, the reply will be taken on record.
-----------------
Case adjd for compliance of above order to 03.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2023

Date: 06-02-2023

Date: 03-03-2023
Business: None present for plaintiff.
Defendant is present. He is ready to pay cost as per order dtd. 06.02.2023 to the plaintiff but today none present on behalf of plaintiff. Defendant undertakes to pay the said cost by online mode.
Case adjd for compliance of order to 03.04.2023.
LO at 1.20 p.m.
Adv. Suraj Shula i/b Shah Legal for plaintiff present.
Case adjd for compliance of order to 03.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None Present for Plff.
Adv. Rajesh Dixit Present for Deft.
Deft present.
Exh.09- adv of deft has filed pursis along with copy of receipt regarding payment of Costs as per order dt.06/02/2023.
Hence reply to summary judgment no.20/2022 is taken on record and marked at Exh.10.
Adj. For Hearing on Summary judgment 20/22 on 06/06/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: 06.06.2023
28
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 33/2020
Adv. Rajesh Dikshit for Defendant present.
None present for plaintiff.
Adjd to 04/07/2023 for hearing on summary judgment 20/22 .
								Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: Adv. S. R. Shukla for plaintiff present
Defendant present his advocate absent.
Ld. for plaintiff submitted that he has not received copy of Exh.10 filed by defendant.
O- Defendant is hereby directed to supply copy of reply Exh.10 to the other side before next date.
Adjd. to 02.08.2023 for compliance by defendant and hearing on summons for Judgment
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. S.R.Shukla for plff present.
Adv. Rakesh Pathak h/f Rajesh Dixit for deft present.
Today copy of Exh. 10 is supplied by Ld adv of deft to the other side.
Adj.for hearing on Summary Judgment 20/22 to 29.08.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Adv. S.L.Shah for plaintiff is present.
Adv. Rajesh Dikshit for def. is present.
By consent of  both the parties matter is adj for Summons for Judgment hearing to 12/09/2023 at 01.00 p.m.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: None present for plaintiff.
Defendant present.
Adv. Rajan Dixit  for def. is present and informed that both parties have agreed to meet for settlement talks.
O- As there is element of settlement between the parties hence, matter is referred to a Judge Mediator.
Matter is adj for mediation report to 10/10/2023.
L.O at 12.45 p.m.
Adv. S.R. Shukla for plaintiff is present
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: None present.
Matter is adj for mediation report to 21/11/2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Not on Board- Taken on Board.
Exh. 11- Mediation letter from Co.- Co.- Ordinator, Mediation Center, City Civil and Sessions Court.
Exh. 12- Mediation report a/w Consent Terms.
Already adj. to 21/11/2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv. S.R. Shukla for plaintiff is present.
Defendant Dhiren Desai is present. His advocate is absent.
The contents of Consent Terms finalized before the ld. mediator are verified from the parties.  The consent terms are marked as Exh. 13.
Ld. adv for the plaintiff filed pursis a/w extract of Board Resolution which is taken on record and marked as Exh. 15. The pursis is marked as Exh. 14.
Order below S.J. No. 20/2022.
In view of settlement between the parties, the Summary Judgment is hereby disposed off.
Order below Exh.1
1.        Both parties have settled the matter through mediation.
           Hence, Suit stands disposed off.
2.       Consent decree be drawn up according to Exh. 13.
3.	Court fees be refunded as per rules.
Nature Of Disposal: OTHER
Disposal Date: 04-12-2023

CHAMBER SUMMONS/100506/2021
NOTICE OF MOTION/104697/2022
CHAMBER SUMMONS/100049/2022

Registration Number: 100033/2020
Transfer Date: 13-03-2020
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 -

Filing Number: 113944/2019
Filing Date: 16-12-2019
First Hearing Date: 17th February 2020
Decision Date: 04th December 2023
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE