Date: 18-02-2020
Business: None for plaintiff.
Adv. Zinal Mulani for defendant present.
Ex.04 Ld adv for defendant filed V/N t.o.r O- Seen and filed.
Ld Adv for defendant tendered original registered notice of motion no. 4898/2019 along with affidavit t.o.r.
Matter adjd for service affidavit and reply to 13-03-2020 at 2.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Achala Hatode for plaintiff present.
Adv. Jinat Mulani for defendant present.
Adv. for defendant filed service affidavit t.o.r. It is marked as Exh. 05 O. Seen.
Adv. for plaintiff submits that she undertakes to file vakalatnama on next date.
Matter adjd for NM reply to 13-04-2020 at 2.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Mr. Vineet Singh Director of plaintiff is present.
Adv. Zeenat Mulani for defendant present.
Adjd for reply to 20/03/2021
Next Purpose: REPLY
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv. Zeenat Mulani for defendant present.
The reply to the notice of motion is not filed by the plaintiff nor the vakalatnama is filed by Adv. Vineet Singh on behalf of plaintiff as per the roznama 13.03.2020 stated by the advocate for plaintiff.
The plaintiff to file reply to the notice of motion on next date failing which the notice of motion will be decided without argument of plaintiff.
Adjd for NM reply/NM hearing to 05/07/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Mr. Chougule for Plaintiff present.
NM 4898/19 Adv. Mr. Viraj Jadhav for Defendant present.
The order granting leave to defend dated 11/03/2020 has been complied with by the Defendant and thereby has given a pay order of Rs. 91,828/- to Plaintiff on 27/11/2020. Therefore, WS is taken on record. A copy has been given to other side.
Matter adj. to 05/01/2022 for Framing of Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Court is Vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: COURT IS VACANT
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: P.O. is in Training
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Matter called out at 12.47 pm
None present for plff
Adv Zeenat Mulani for Defendant present.
Record shows that plff is served with draft NM but reply to NM is yet not filed by plff. NM is fixed for hearing on next date without reply.
Matter is adjd on 01.07.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv Bandana Chourasiya for plff present
Adv Zeenat Mulani for def present
Adv for the plff tendered Vakalatnama t.o.r. marked as Exh.5
Court is busy in hearing other matters. Hence, adjd
Matter is adjd on 08.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Matter called out at 3.10 pm
Adv Bandana Chourasiya for plaintiff present
Adv Zeenat Mulani for Defendant present
Notice of Motion 4898/19 is pending for hearing. Plaintiff has not filed reply to the Notice of Motion. Adv for the plaintiff submits that plaintiff has no objection to allow prayer clause a of Notice of Motion. I have perused the Notice of Motion, supporting affidavit and documents annexed with the affidavit. The Notice of Motion is taken out to refer the dispute on arbitration under section 8 of the Arbitration and Conciliation Act, 1996. The invoices annexed with supporting affidavit stipulates a condition that dispute relating to the transaction shall be subject to the arbitration rules of Bharat Merchants Chamber, Mumbai and the award shall be final and binding on the parties. This indicates that there is arbitration agreement between the parties. Moreover, plff has no objection to refer the dispute to arbitration. Therefore, Notice of Motion 4898/19 is made absolute in terms of prayer clause a and is accordingly disposed off. Following order is passed below Exh 1
Order
1. The plaint be returned to plaintiff as dispute is referred to arbitration.
2. No order as to costs.
3. Suit No. 2295/18 stands disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 08-08-2022
