Date: 18-04-2019
Business: Adv for plaintiff Ms.Mane present
Adv for plaintiff filed affidavit of Service with the remark that as per postal track report summons is received by defendant no.1. It is further stated that regarding deft no. 2 and 3 acknowledgement cards are produced.
O-It appears deft no. 1 to 3 fail to appear therefore, suit to proceed exparte against deft no. 1 to 3.
Matter is Adjd for Exparte Evidence to 17/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Adjd to 24/09/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: P.O is on leave. Adjd to 22/11/19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Archana Tiwari for deft. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. for deft. filed V/N . Order. seen and filed.
Matter is adjd to 11.12.2019 for filing Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Date: 04-01-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: R and P not found
Both the parties and his advocate are absent.
Matter is adjd to 09.03.2020 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Plaintiff absent
Adv. Rutuja Mahadik for the plff is present.
Defendant absent.
Adv. Shraddha Birwadkar I/b Madhukar Muley for Deft. Present.
Adv. For Deft. tendered Register Ch.S 1326.2019 alongwith Affidavit in support.
Adv. For plff. Filed reply of Ch.S.
Argument heard both sides .
Adv for deft tendered draft N.M alongwith affidavit in support.
O : Leave granted to register N.M. Copy of the draft N.M serverd to the Adv. For the plff.
Matter is adjd to 05.12.2020 for order of Ch.S and reply of N/ M.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Aachal Jain for plff. Present.
Adv. Sapana Pasi I/b Madhukar Mulay for deft. Present.
Adv. For the deft. Tendered Register N/M No. 1841/2020 @ affidavit in support.
Adv. For the plff. Filed reply of N/M. 1841/2020.
Argument heard the both sides.
FRSR pronounced and following order is passed.
ORDER
1. The Chamber Summons No. 1326/2019 is allowed.
Subject to cost of Rs. 1000/-, which shall be paid by the
defendants to the plaintiff, on or before next date.
2. The defendants is granted permission to put his
appearance and Vakalatnama in the interest of justice.
3. The Chamber Summons No. 1326 of 2019 is disposed off.
ORDER
1. The Notice of Motion No. 1841/2020 is allowed, subject
to cost of Rs.1000/-, which shall be paid by the
defendants to the plaintiff, on or before next date.
2. Ex-parte order dated 18.04.2019 is set aside against the
defendants on payment of cost of Rs. 1000/-.
3. The Notice of Motion No. 1841 of 2020 is disposed off.
Matter is adjd to 22.12.2020 for Compliance / Written Statement.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Aachal Jain for Plff is present.
Adv. Sapna Pasi for Deft is present.
Adv for Defendant Paid cost of Rs. 2000/- to Advocate for the plaintiff.
Advocate for plaintiff requested to tendered draft S/J in next date
Matter is adjd to 14.01.2021 for Taking Steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Aanchal Jain I/b Rakesh Jain for plff. Present.
Adv. Madhukar Mulay for deft. Present.
Adv. For the deft. Filed Vakalatnama. t.o.r.
Order - Seen and filed.
Matter is adjd to 11.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: P.O. is on leave.
Matter is adjd to 05.04.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Aanchal Jain I/b Adv. Rakesh Jain for the plff present.
Adv. Shraddha Birwadkar for the deft present.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 28.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
Adv. Shraddha Birwadkar i/b Manoj Mulay for defendants present.
Due to rise in Covid cases, Adjd to 15.07.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 09.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shradha Birwadkar for defts. present.
The matter is adjd for steps to 26.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. For plaintiff sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 02.09.2021.
L.O. at 11.50 am.
Adv. Sapna Pasi for deft. present.
The matter is already adjd for taking steps to 02.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birwadkar for defts. present.
Adv. For plaintiff filed draft S/J. Leave to register and serve S/J is granted.
The matter is adjd for service of S/J to 24.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shradha Birwadkar for deft. present.
Adv. For plaintiff tendered registered S/J no.103/21. T.O.R.
Copy of S/J is served upon defendant\''s advocate.
The matter is adjd for reply to S/J to 04.10.2021.
Next Purpose: REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Sapna Pasi for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 filed reply. T.O.R.
Copy of reply is served to Adv. For plaintiff.
The matter is adjd for hearing on S/J to 14.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birvadkar for deft. nos.1 to 3 present.
On oral request of Adv. For deft. nos.1 to 3, the matter is adjd for hearing on S/J to 27.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Shraddha Birwadkar for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 tendered additional affidavit in reply to S/J. T.O.R. Copy is served upon Adv. For plaintiff.
The matter is adjd for hearing on S/J to 23.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birwadkar for deft. nos.1 to 3 present.
Parties are directed to argue on S/J on next date without fail.
By consent, the matter is adjd for hearing on S/J to 03.12.2021 at 12.30 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Madhukar Mule for deft. nos.1 to 3 present.
It is submitted that without prejudice to the merits of the case, settlement talks between the parties are going on. Therefore, by consent, the matter is adjd for hearing on S/J to 21.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Sapna Pasi i/b. Adv. Madhukar Mulay for deft. nos.1 to 3 present.
Heard arguments of Adv. For plaintiff on S/J.
On oral request of Adv. For deft. nos.1 to 3, the matter is adjd for hearing on S/J to 22.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Shraddha Birvadkar i/b. Adv. Madhukar Mulay for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 tendered written arguments on S/J. T.O.R.
Copy is served to Adv. For plaintiff.
The matter is adjd for order on S/J No.103/21 to 07.01.2022.
Next Purpose: ORDER
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None present.
Court is busy in hearing final arguments in Commercial Suit No.1060/21, the matter is adjd for order on S/J no.103/21 to 11.01.2022.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present.
F.R.S.R. the following order is passed:-
ORDER
1. Defendants shall deposit a sum of Rs.5,00,000/- (Rs. Five Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendants are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendants.
3. There shall be no order as to costs.
4. S/J No.103/2021 is disposed of accordingly.
The matter is adjd for compliance to 03.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
The matter is adjd for compliance of order dated 11.01.2022 to 05.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: None for plaintiff.
Adv. Pranav Chavhan for defts. present.
Exh.6 - Vakalatnama of Adv. Naved Chawdhary is filed on behalf of defendants. T.O.R.
K.B.
L.O. at 03.25 pm.
None present.
Defendants failed to comply order dated 11.01.2022. Therefore, matter be kept for taking steps by plaintiff.
The matter is adjd for taking steps to 28.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
The matter is adjd for taking steps to 20.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
Exh.7 - Adv. For plaintiff filed application for passing ex-parte decree.
O. - Defendants failed to comply order passed in S/J No.103/21 dated 11.01.2022 within stipulated period. Therefore, plaintiff is entitled to get ex-parte decree.
The matter is adjd for filing claim affidavit to 13.07.2022.
L.O. at 12.25 pm.
Adv. Naved Chawdhary for defts. present.
The matter is already adjd for filing claim affidavit to 13.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Vandana Chaurasiya for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 26.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Rutuja Mahadik for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 01.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
Plaintiff present.
Exh.8 - Claim affidavit. T.O.R.
Exh.9 - List of documents. T.O.R.
The matter is adjd for arguments to 05.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 11.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: None present.
Exh.10 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.338 of 2021 is decreed with costs.
2. Defendants shall pay an amount of Rs.6,31,833/- (Rupees Six Lacs Thirty One Thousand Eight Hundred Thirty Three only) along with interest @ 12percent p.a. on the principal amount of Rs.5,00,000/- to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 11-08-2022