ITEM NO.1 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13962/2013 (Arising out of impugned final judgment and order dated 06/02/2013 in WP No. 2754/2012 passed by the High Court of Bombay) NEW ERA FABRICS LTD. Petitioner(s) VERSUS HOME CARE RETAILS MARTS PVT. LTD. Respondent(s) (with office report for direction) Date : 09/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Bhaskar Das,Adv. Mr. Chirag M. Shroff,Adv. For Respondent(s) Mr. Ranjit Raut,Adv. Ms. Bina Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R When we considered the request of the Presiding Officer in his letter of 30.4.2015 for further extension of time to complete the proceedings by twelve months, learned counsel representing the respondent stated that the evidence of PW.1 was already concluded and the examination of PW.2 will take a week or so and thereafter it would be only defence witnesses and the cross-examination of defence witnesses can be completed at the instance of the plaintiff's side within a month's time. We will, therefore, appreciate if the learned Presiding Officer control the proceedings more effectively and ensure that the proceedings are concluded at the earliest. With a view to 1
enable him to comply with our earlier directions and complete the proceedings, we finally grant three more months' time from today to conclude the proceedings. We make it clear that we will not grant any further time and both the sides are directed to cooperate with the Court for complying with the directions of this Court in concluding the proceedings. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER 2
Ð ITEM NO.1 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13962/2013 (Arising out of impugned final judgment and order dated 06/02/2013 in WP No. 2754/2012 passed by the High Court of Bombay) NEW ERA FABRICS LTD. Petitioner(s) VERSUS HOME CARE RETAILS MARTS PVT. LTD. Respondent(s) (with office report for direction) Date : 09/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Bhaskar Das,Adv. Mr. Chirag M. Shroff,Adv. For Respondent(s) Mr. Ranjit Raut,Adv. Ms. Bina Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R When we considered the request of the Presiding Officer in his letter of 30.4.2015 for further extension of time to complete the proceedings by twelve months, learned counsel representing the respondent stated that the evidence of PW.1 was already concluded and the examination of PW.2 will take a week or so and thereafter it would be only defence witnesses and the cross-examination of defence witnesses can be completed at the instance of the plaintiff's side within a month's time.Signature Not Verified We will, therefore, appreciate if the learned PresidingDigitally signed byNarendra Prasad Officer control the proceedings more effectively and ensure thatDate: 2015.07.1019:22:28 ISTReason: the proceedings are concluded at the earliest. With a view to 1enable him to comply with our earlier directions and complete theproceedings, we finally grant three more months' time from today toconclude the proceedings. We make it clear that we will not grantany further time and both the sides are directed to cooperate withthe Court for complying with the directions of this Court in
concluding the proceedings. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER 2
ITEM NO.1 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13962/2013 (Arising out of impugned final judgment and order dated 06/02/2013 in WP No. 2754/2012 passed by the High Court of Bombay) NEW ERA FABRICS LTD. Petitioner(s) VERSUS HOME CARE RETAILS MARTS PVT. LTD. Respondent(s) (office report for direction) Date : 02/02/2015 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Chirag M. Shroff,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. For Respondent(s) Mr. Ranjit Raut,Adv. Ms. Bina Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R Perused the request of the learned Judge of the Court of Small Causes, C.R. No.13, Mumbai, seeking extension of time by six months for disposing the suit i.e. L.E. & C. Suit No.116/143 of 2008. Learned counsel representing the plaintiff states that the plaintiff may examine one more witness on its side, while the learned Judge's letter mentions 3-4 witnesses on their side. Considering the statement now made on behalf of the respondent, we are of the view that the time can be extended by four more months. Accordingly, time is extended by four months ending with April, 2015. It is needless to state that the Trial Court may proceed with the case on day-to-day basis, without granting any unnecessary adjournments, even under the guise of any negotiated settlement. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER
Ò ITEM NO.1 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13962/2013 (Arising out of impugned final judgment and order dated 06/02/2013 in WP No. 2754/2012 passed by the High Court of Bombay) NEW ERA FABRICS LTD. Petitioner(s) VERSUS HOME CARE RETAILS MARTS PVT. LTD. Respondent(s) (office report for direction) Date : 02/02/2015 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Chirag M. Shroff,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. For Respondent(s) Mr. Ranjit Raut,Adv. Ms. Bina Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R Perused the request of the learned Judge of the Court of Small Causes, C.R. No.13, Mumbai, seeking extension of time by six months for disposing the suit i.e. L.E. & C. Suit No.116/143 of 2008. Learned counsel representing the plaintiff states that the plaintiff may examine one more witness on its side, while the learned Judge's letter mentions 3-4 witnesses on their side. Considering the statement now made on behalf of the respondent, we are of the view that the time can be extended by four more months. Accordingly, time is extended by four months ending with April, 2015. It is needless to state that the Trial Court may proceed with theSignature Not Verified case on day-to-day basis, without granting any unnecessary adjournments, even under the guise of any negotiated settlement.Digitally signed byNarendra PrasadDate: 2015.02.0314:13:08 ISTReason: (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER
\212ITEM NO.5 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13962/2013(From the judgement and order dated 06/02/2013 in WP No.2754/2012of The HIGH COURT OF BOMBAY)M/S NEW ERA FABRICS LTD. Petitioner(s) VERSUSHOME CARE RETAILS MARTS PVT. LTD. Respondent(s)(with appln.(s) for exemption from filing C/C of the impugned judgment andpermission to place addl. documents on record and with prayer for interimrelief and office report)WITHS.L.P. (C) 14945/2013[with appln. for directions and exemption from filing C/C of the impugnedjudgment and with prayer for interim relief and office report)Date: 22/07/2013 These petitions were called on for hearing todayCORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Shekhar Naphade, Sr. Adv. Mr. Chirag M.Shroff,Adv.For Respondent(s) Mr. Shyam Divan, Sr. Adv. Ms. Ranjana Parikh, Adv. Ms. Bina Gupta, Adv. Mr. Abhay A. Jena, Adv. Mr. Anuj Dhir, Adv. Ms. Sangeeta L., Adv. UPON hearing counsel the Court made the following O R D E R Heard leaned senior counsel for the parties. We are informed by the learned senior counsel for the parties that the suit filed by the respondent - Home Care Retails Marts Pvt. Ltd.- being L.D. Suit No. 124 of 2008 has been heard and judgment is awaited. As a matter of fact, we are informed that the matter is posted for judgment on July 29, 2013. Having regard to the above, we do not find any justification for the suit being L.E. & C. Suit No. 116/143/2008 filed by the petitioner - M/s New Era Fabrics Ltd. - being tagged with the suit filed by the respondent. Special leave petitions are dismissed. We expect the Court of Small Causes at Bombay to hear and decide the suit being L.E. & C. Suit No. 116/143/2008 filed by the petitioner - M/s New Era Fabrics Ltd. - expeditiously and preferably by December 2014. |(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |
ITEM NO.3-A COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. No. 2/2013 inPetition(s) for Special Leave to Appeal (Civil) No(s).14945/2013(From the judgement and order dated 06/02/2013 in WP No.9905/2012 of TheHIGH COURT OF BOMBAY)M/S NEW ERA FABRICS LTD. Petitioner(s)/ Applicant(s) VERSUSHOME CARE RETAILS MARTS PVT. LTD. Respondent(s)(for directions)Date: 18/07/2013 This IA was called on for hearing today in the mentioning list.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s)/For Applicant(s) Mr. Dushyant Dave, Sr. Adv. Mr. Chirag M.Shroff,Adv.For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Abhay A. Jena, Adv. Ms. Bina Gupta,Adv. UPON hearing counsel the Court made the following O R D E R We are informed by Mr. Dushyant Dave, learned senior counsel for the applicant-petitioner, that Interlocutory Application No. 2 of 2013 is due to come up for consideration on July 22, 2013. Let the special leave petition be also listed on that day.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |
þITEM NO.MM-4A COURT NO.4 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSIA No. 2 in Petition(s) for Special Leave to Appeal (Civil)No(s).14945/2013(From the judgement and order dated 06/02/2013 in WP No.9905/2012 of TheHIGH COURT OF BOMBAY)M/S NEW ERA FABRICS LTD. Petitioner(s) VERSUSHOME CARE RETAILS MARTS PVT. LTD. Respondent(s)(for directions)Date: 17/07/2013 This IA was called on for hearing today in the Mentioning List.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYAFor Petitioner(s) Mr. Chirag M.Shroff,Adv. Mr. Shasidar S., Adv.For Respondent(s) Mr. Abhay A. Jena, Adv Mr. Anuj Dhir, Adv. for Ms. Bina Gupta,Adv. UPON hearing counsel the Court made the following O R D E R List I.A. 2 of 2013 on July 18, 2013 in the mentioning list.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |
NITEM NO.39 + 68 COURT NO.4 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13962/2013(From the judgement and order dated 06/02/2013 in WP No.2754/2012 of TheHIGH COURT OF BOMBAY)NEW ERA FABRICS LTD. Petitioner(s) VERSUSHOME CARE RETAILS MARTS PVT. LTD. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgment andwith prayer for interim relief and office report )WITH SLP(C) NO. 14945 of 2013(With appln. for exemption from filing C/C of the impugned judgment andwith prayer for interim relief and office report)Date: 22/04/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR JUSTICE KURIAN JOSEPHFor Petitioner(s) Mr. Chirag M.Shroff,Adv. Mr. Narendra Kumar Goyal, Adv.For Respondent(s) Mr. Abhay A. Jena, Adv. Ms. Bina Gupta,Adv. Mr. Sarthak Mehrotra, Adv. UPON hearing counsel the Court made the following O R D E R List both matters after two weeks.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |