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SUIT - SHORT CAUSE CIVIL SUIT

Gulf Orient Shipping LLP Through Mr. Noor M. ShaikhVsHinduja Leyland Finance Ltd.

CNR MHCC0101376920191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 30th March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101608/2021
Registration Date
26 Aug 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec 39
    Specific Relief Act · Sec 37 (2)

    Case History / Proceedings

    Case History
    Date: 31-08-2021
    Business: Representative of Plaintiff Pravin Mokal is present.
    Adv. Omkar Dalavi for deft is present.
    Officer of Defendant Asif Ansari is present.
    The representative of plff has submitted the pursis on record and sought for an adjournment. On his request matter is adjourned.
    Matter adjd for directions on 24.09.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Piyush Pande for plaintiff is present.
    Adv. Vishal Tambat along with Adv. Omkar Dalavi for defendant is present.
    Heard partly. The Ld. Adv.for the defendant has submitted that the defendant will be producing original arbitration agreement on next date.
    Matter adjd for further NM hearing on 12.11.2021 at 11 o\''clock.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Piyush Pandey for plaintiff is present.
    Adv. Disha Karambar for defendant is present.
    On behalf of defendant Hinduja Leyland Finance Ltd. Mr. Avinash Gawade is present and he has submitted that he has brought original Arbitration agreement and will be filed on record its certified true copy.
    Matter adjd for NM hearing on 17.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Priya Rita for deft present.
    Pltff tendered original Notice of Motion.  TOR.
    As per Office Order No. ''07 of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to 18/02/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
    Mr. Pravin Mokal representative of pltff present.
    Mr. Aasif Ansari Legal Manager of Defendant finance company present.
    Order below NM No 283/22-
    Today the matter is for hearing on NM.  The pltff has not pressed the NM.  Therefore NM No. 283/22 stands disposed of as withdrawn.
    Order below NM No 4201/19-
    Today the matter is for hearing on NM.  The pltff has not pressed the NM.  Therefore NM No. 4201/19 stands disposed of as withdrawn.
    Adv for the pltff has filed draft NM.  Leave is granted to register the same.
    Matter is adjd to 22/02/2022  for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
    Mr. Aasif Ansari Legal Manager of Defendant finance company present.
    He has made a statement at bar that 41 vehicles involved in all these connected suits are already seized and are in custody of defendant company.
    He has further made a statement at bar that he is submitting a list showing 6 vehicles with RTO registration number which are not seized but mistakenly presell notices are issued.  The list is TOR and for administrative purpose it is marked as Exh. A.
    Deft is directed to provide the copy of Exh. A to the pltff.
    Matter is adjd to 24/02/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
    With consent of both the parties, Matter is adjd to 01/03/2022 in first session for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Piyush Pandey for the pltff present.
    Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present and he has submitted and made a statement at bar that till next date i.e. till 08/03/2022 the company is not going to take steps for sell of seized 41 vehicles which are in possession of the company.  Said statement is recorded as an undertaking before the Court.
    Adv. Omkar Dalvi a/w Adv. Tambat for the deft present.
    On oral request of the adv for deft, Matter is adjd to 07/03/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Omkar Dalvi a/w Adv. Tambat for deft present.
    Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
    Adv for pltff has filed reply to NM u/s 8 of the Arbitration Act.  TOR.  Copy served.
    Adv for pltff tendered original registered injunction motion.  TOR.  Copy served to O.S.
    Adv for deft sought time to file rejoinder to NM u/s 8 of the Arbitration Act.
    Adv for deft has filed additional affidavit in support of NM u/s 8 of the Arbitration Act.  TOR.  Copy served.
    Earlier statement of Mr. Aasif Ansari the Legal Manager of deft is continued till next date.
    Matter is adjd to 23/03/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Disha Karambar a/w Adv. Omkar Dalvi a/w Adv. Vishal Tambat for deft present.
    Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
    Heard arguments of adv for deft.
    Partly heard arguments of ld adv for pltff. KB for further argument
    LO at 2.45 p.m.
    Heard further arguments of both the sides on NM u/s 8 of Arbitration and Conciliation Act.
    Earlier order if any to be continued till next date.
    Matter is adjd to 30/03/2022 for NM Order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Piyush Pandey for pltff present.
    Adv. Omkar Dalvi for deft present.
    Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
    F.R.S.R the following order is passed below NM No. 4109/19-
    Notice of motion is allowed and made absolute in terms of prayer clause (a) and (b).
    Order below NM No. 797/22-
    In view of order passed in NM under section 8 of Arbitration and Conciliation Act, this NM does not survives.  Hence this NM stands disposed of.
    Order below Exh. 1-
    In view of order in NM under section 8 of Arbitration and Conciliation Act, as dispute is referred for arbitration, the suit stands disposed of.  It be removed from the board.
    On oral request of adv for pltff as he intends to challenge the order, effect of the order passed in NM under section 8 of the Arbitration and Conciliation Act, 1996 is stayed for period of two weeks from today.  Accordingly the earlier statement made by Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company will be continued for two weeks from today.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 30-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111081/2019
    Filing Date: 10-10-2019
    First Hearing Date: 31st August 2021
    Decision Date: 30th March 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Mar 2022

    Order Details: Other Pdf Text: 92 30.03.2022 SU 1608/21 NM 4109/19 NM 797/22 CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1) Adv. Piyush Pandey for pltff present. Adv. Omkar Dalvi for deft present. Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present. F.R.S.R the following order is passed below NM No. 4109/19 Notice of motion is allowed and made absolute in terms of prayer clause (a) and (b). Order below NM No. 797/22 In view…

    Read Full Order

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