Date: 06-01-2020
Business: None present till 11.32am.
Adv. Desai for plaintiff present.
Adv. V. G. Dubey for defendant present.
Adv. for deft tendered Original NM 4864/19 alongwith affidavit. t.o.r.
The Ld Adv appearing for plff prayed to continue previous interim order. O- considering the circumstances earlier interim order continue till next date
Matter adjd for NM reply on 20/01/2020 at 11.00 am
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Hardik J. Desai for plaintiff present.
None present for deft.
Adv. for plff filed reply to NM NO. 4864/19. t.o.r O-read and recorded.
Earlier interim order if any is continued till next date.
Matter adjd for hearing on NM No.4864/19 and NM NO.1383/19 on 27/01/2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubey for defendant present.
The Ld Adv appearing for defts submits that he received copy of the reply today. Hence he seeks time to file rejoinder and hearing.
Perused roznama dt. 05/04/2019. As per the said roznama interim order was passed. Persued roznama dt.20/01/2020. As per the said roznama earlier interim order is continued till today.
Therefore the earlier interim order is continued till next date.
The Ld Adv appearing for deft states that the matter be adjourned on 14/02/2020. Hence matter is adjourned by consent on 14/02/2020.
Matter adjd for filing rejoinder by deft advocate to NM No.4864/19 and for hearing on both NM\''s on 14/02/2020 at 11.00 am
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: H.H.J. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Pradeep Gandhi for plaintiff present.
Adv. Dalal for defendant nos. 2 to 4 present.
Ld Adv for defendant filed rejoinder in NM no. 4864/2019 t.o.r.
O- R and R.
Heard Ld Adv for defendants NM no. 4864/2019. He relied upon the citation of Hon''ble Bombay High Court in the Notice of Motion Commercial Division No. 196 of 2018 in Commercial suit no. 159/2017, dated 27-02-2019. He specifically emphasised on para 103 of the said order. He further states writ of summons are mandatorly to be served but the same is not served to the defendant nos. 2 to 4. He further states defendants have not waved service of writ of summons. Therefore, it was mandatory on the part of plaintiff to serve writ of summons. On the contrary the Ld Adv for plaintiff relied upon two citation.
1. The Citation of the Hon''ble Bombay High Court Appeal from order no. 807 of 2011 in Notice of Motion No. 1334 of 2009 in L.C. Suit No. 2802 of 2009 and CAA/1067/2011, dated 23-10-2013, Suresh V/s. Municipal Corporation of Greater Mumbai and Ors.
2. The citation of Hon''ble Delhi High Court CS(COMM) No. 1495/2016, dated 14th December, 2017 t.o.r.
The Ld Adv for defendants submitted that the citation of Bombay High Court citated by plaintiff is not under commercial court Act.
Heard Ld Adv for plaintiff.
Earlier interim order if any is continued till next date.
Matter adjd for hearing of plaintiff advocate on law point in view of citation of the Hon''ble Bombay High Court citated by defendant nos. 2 to 4 to 02-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. P.D. Gandhi for plaintiff present.
Adv. Dalal for defendant present.
Heard both sides on NM no. 4864/2019.
Earlier interim order if any is continued till next date.
KB L.O. at 5.13 pm.
The Ld Adv for plaintiff filed two citations.
1. Hon''ble Andhara Pradesh High Court dated 01-11-1973
2. Hon''ble Bombay High Court dated 01-08-1977.
The Ld Adv for defendant has relied upon rule 55 and 63 of Bombay City Civil Court Rules.
Matter adjd for NM order no. 4864/2019 to 24-03-2020 at 11.00 am.
Next Purpose: NM ORDERS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for N/M hearing to 21.10.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for NM hearing to 07.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Adv. Veer Kankariya for plaintiff present and requested to extend the time for registration of Ch.S. Time granted.
None for Defendants.
Adjourned for NM hearing 09.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Advocate Hardik Desai for plaintiff is present and tendered registered C/S No. 671/20. He also filed service affidavit.
Advocate A. R. Pande for defendant no. 2 and 3 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 13.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. V. K. Dubey for defendant is present.
Exh.8- Application submitted by plaintiff for Substituted service of summons by publication, heard adv. Desai for plaintiff. Perused report of postal department , in track report, it is mentioned as “left” . Hence, summons by publication in two news papers as prayed is allowed. In addition to same, plaintiff may intimate respondent no. 3 i.e. Eemot Impex Pvt. Ltd. by email.
Earlier order if any, to continue till next date.
Matter is adjd.to 24-03-2021 for Steps, Nm Hrg, reply on
C/S..
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Mr. Giriraj a/w adv. Mr. Hardik Desai for plff present.
Adv. Mr. Vijay Dubey for defendant nos. 2 to 4, prayed for short time to submit reply of Ch/s.
Exh.9- Application submitted by plff. for extension of time to comply order dtd. 10.02.2021 i.e. to serve the summons by publication to respondent no. 3 in Ch/s no. 671/20- Granted.
Earlier order if any, to continue till next date.
Matter is adjd.to 21.04.2021 for steps, NM hearing,
reply on ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 18.06.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Date: 31-08-2021
Date: 03-09-2021
Date: 29-09-2021
Date: 17-11-2021
Date: 07-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None for plaintiff.
Adv. Vijay Dubey a/w Adv. Zubin Dalal for defendant no. 2 to 4 present.
Adv. Gaurav Gokhale for defendant no. 6 present and filed vakalatnama t.o.r. and marked as Exh.16
Adv. Yash Vora for defendant no. 7 present and filed statement of truth in support of written statement Exh. 14 t.o.r. and marked as Exh.17
Adv. Yash Vora for defendant no. 7 filed affidavit of admission and denial of documents t.o.r. and marked as Exh.18
Adv. Yash Vora for defendant no. 7 placed on record copies of Exh. 17 and 18 for plaintiff.
Adv. Vijay Dubey and Adv. Gaurav Gokhale submitted that
they did not receive the copies of documents annexed with
the plaint and requested that the plaintiff may be directed to
provide the documents.
Considering their submission, the plaintiff is directed to
provide copies of the documents annexed with the plaint to
defendants no. 2 to 4 and 6
On perusal of record, it appears that the plaintiff has not filed
on record affidavit of service regarding writ of summon
issued to defendants no. 1 to 7. Therefore, the plaintiff is
directed either to take steps for effecting service of writ of
summons upon the defendants or to file affidavit of service to
prove service of writ of summons upon the defendants on or
before the next date of hearing.
Matter is adjd.to 23-02-2022 for compliance and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Next Purpose: NM ORDERS
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Aditya Khan for plaintiff present
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Salil Dabke for defendant no. 6 present and submitted that he has not received the plaint and documents annexed with the plaint.
F.R.S.R. following order is passed in NM 4864/19-
ORDER
1.Notice of Motion No. 4864/2019 is made absolute in terms of prayer clause (a), (b) and (c).
2. Written statement filed by defendants no. 2 to 4 on record on 07/01/2022 is marked as Exh. 19.
3.The proceeding of N/m No. 4864/19 is closed.
Matter is adjd.to 04-03-2022 for NM Hrg
Nature Of Disposal: OTHER
Disposal Date: 28-02-2022