Date: 08-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Shahbaz Khan for plaintiff present.
Adv.for defendant absent.
Matter adjd to 23.04.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 21.06.2021.
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: REPORT
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.59 pm
Adv.Shahbaz Khan Pathan for plaintiff present and orally requested time to file service affidavit.
Matter adjd to 28.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.S.S. Pathan for plaintiff present.
None present for defendant.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 29.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.56 pm,
None present.
Matter adjd to 07.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv.S.S.Pathan for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
The plaintiff files service affidavit a/w. summons and bailiff report, Exh.5 (colly.). Summons is unserved.
Matter adjd to 12.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022 matter adjd to 08.02.2022 for steps.
LO. at 12.45 pm.
Adv. Shahbaz Khan for the plaintiff present. He filed application Exh.6 for issuance of fresh summons contending that defendant is available at the address mentioned and is about to leave the premises.
O-Considering the circumstances pleaded, the application is allowed. Issue fresh writ of summons on the defendant.
Already adjd to 08.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present.
None present for defendant. In view of SOP dated 6.1.2022, matter adjd to 08/03/2022 for service affidavit.
L.O. at 02.20 p.m.
Adv. Mr. S. S. Pathan for the plaintiff is present and filed service affidavit alongwith summons and bailiff report. t.o.r. and marked as Exh.7.
L.O. at 02.50 p.m.
Advocate for the plaintiff filed application for service of suit summons on defendants by pasting. It is marked as Exh.8.
Heard the plaintiff.
O- Read the bailiff report. Allowed to serve the suit summons on both defendants by pasting.
Matter is already adjd to 08/03/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.04.2022 for steps/service affidavit.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv.Hemant Sharma h/f.Adv.S.S.Pathan for plaintiff present.
None present for defendant.
On oral request of the plaintiff adjd for steps/service affidavit.
Matter adjd to 10.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv Hemant Sharma h/f Adv Pathan present for plaintiff and filed affidavit of service of summons at Exh.9.
None present for defendant.
Deft No.1 served on with writ of summons on 26.04.2022 as per bailiff report Exh.9.
Matter adjd to 06.07.2022 for appearance of deft.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Shahbag Pathan Present for Plff.
Adv. Samiksha Malekar Present for Deft.
Ex.10- VP filed by Adv. Abhiraj Parab Samiksha Malekar and Priyanka Ghosh of deft.
Adv of deft seeks time to file WS. Last chance granted.
Adj. For WS on 22/07/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Hemant Sharma Present for Plff.
Adv. Priyanka Ghash h/f Adv. Abhiraj Parab Present for Deft.
As per service affidavit and bailiff report defts served with suit summons on 26/04/2022.
Ex.11 -Adv of defts filed WS.
Ex.12- Adv of deft filed statement of truth.
Adj. For Address memo of defts, admission and denial and CMS on 03/08/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None Present for Plff.
Adv. Priyanka Ghosh Present for Deft no.1 and 2.
Ex.13- Deft has filed address memo of defts.
Adv of deft has filed draft NM along with affidavit for converting commercial suit to recovery suit. Leave granted to register NM.
Adj. For NM returnable and 29/08/2022.
LO 1.00
Adv. Hemant Sharma h/f Adv. S. S. Pathan Present for plff.
Adj. For NM returnable and 29/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Hemant Sharma h/f Adv. S. S. Pathan Present for Plff.
Adv. Priyanka Ghosh Present for Deft.
Adv of deft has filed registered NM 2803/22 along with affidavit.
Today copy of NM served on adv of plff.
Ex-14 - Adv of deft filed admission and denial. t.o.r. Seen and filed. Copy served upon otherside.
Adj. For Reply on NM 2803/22 on 22/09/2022.
Next Purpose: REPLY
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Hemat Sharma h/f Adv. Shubhang Pathan Present for Plff.
Adv. Shreya Gosavi h/f Adv. Abhiraj Prab Present for Deft.
Adv of plff seeks time for filing reply on NM 2803/22 on the ground that plff is not available. Adj. Granted.
Adj. For Reply on NM 2803/22 on 11/10/2022.
Next Purpose: REPLY
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Hemant Sharma h/f Adv. S. S. Pathan Present for Plff.
Adv. Priyanka Ghosh Present for Deft.
Ex.15 - Adv of plff has filed reply to NM 2803/22. Copy served on the adv of deft.
Adj. For Hearing on NM 2803/22 on 14/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Shahbaz Khan Pathan a/w Adv. Hemant Sharma Present for Plff.
Adv. Abhiraj Parab h/f Adv. Priyanka Ghosh Present for Deft.
Heard argument adv of both parties on NM 2803/2022.
F.R.S.R. following order passed on NM 2803/2022.
i) Notice of Motion No.2803 of 2022 is allowed as under.
ii) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this Commercial Suit No.87 of 2021 to proper court in which the suit should have been instituted, not being a “Commercial Dispute”
iii) The parties to appear before the assigned Court on 14/12/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Hemant Sharma for plaintiff present.
Adv. Samiksha Malekar for defendant present.
Exh.16 - Application for objection filed by deft. O-plaintiff to say.
Copy of Exh.16 supplied to Adv for plaintiff today in court.
Matter Adjd for say to Exh.16 on 21/02/2023.
Next Purpose: FILING SAY
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: None for plaintiff.
Advocate Mr.A.Parab for defendant present.
Matter Adjd for say to Exh.16 on 10.04.2023.
Later on at 12.27 noon
Advocate Mr.Hemant Sharma for plaintiff present.
Exh.17- Reply to Exh.16. TOR
Advocate for plaintiff to serve the copy of Exh.17 to defendant.
Next Purpose: FILING SAY
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Sharma for plaintiff present.
Adv. Priyanka Ghosh h/f Adv. Abhiraj Parab for defendant present.
Ld. Adv. for deft sought time. Time granted.
Matter Adjd for hearing on Exh16 on 06/07/2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Both parties are absent when called.
Adv. Abhiraj Parab for plaintiff is present.
Adv. Sabaz Pathan for defendant is present.
KB L.O. at 01.30 p.m.
Adv. Abhiraj Parab for defendant is present.
Heard argument.
Matter Adjd for order on Exh.16 to 05.10.2023.
Next Purpose: ORDER
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv. Hemal Sharma for plaintiff present.
None for Defendant.
Matter is adjourned to 01.07.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: Adv Hemant Sharma h/f Adv S. S. Pathan for plaintiff present.
Adv Tushar Amberkar h/f Adv Abhiraj Parab for defendant present.
Both advocates are requested for adjournment.
Matter is adjourned to 08.08.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: P.O is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Hemant Sharma h/f Adv. Shahbaz Pathan for plaintiff present.
Adv. Manjarekar for defendant present.
Matter is adjourned to 12.02.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. Hemant Sharma hf Adv. Shahbaz Pathan for plaintiff present.
Adv. Samiksha Mayekar h/f Adv. Abhiraj Parab for defendant present.
Matter is adjourned to 24.03.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Adv. Hemant Sharma h/f Adv. Shabaz Pathan for plaintiff present.
Adv. Samiksha Mayekar for defendant present.
Matter is adjourned to 23.06.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: By precepe
Adv. Shahbaz Pathan for plaintiff present.
Adv. Aishwary Manjrekar h/f Adv. Abhiraj Parab for defendant present.
Matter is already adjourned to 26.08.2025 for hearing on Exh.16 at 02.45 p.m
Next Purpose: ARGUMENTS
Next Hearing Date: 26-08-2025
Date: 26-08-2025
Business: Adv. Shahbaz pathan for plaintiff present.
Adv. Arsalan Thaver for defendants present.
Matter is adjourned to 07.10.2025 for Argument on Exh. at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Shahbaz Pathan for plaintiff present.
Adv. Arsalaw Thaver a/w Adv. Ragini Giri i/b Abhiraj Parab for defendant present.
Heard argument of both the sides.
Matter is adjourned to 17.11.2025 for Citation.
Next Purpose: CIATATION
Next Hearing Date: 17-11-2025
Date: 17-11-2025
Business: None for plaintiff.
Adv. Samiksha Mayekar for defendant present and filed citation taken on record.
Later on at 02.45 p.m
Adv. Shahbaz Pathan for plaintiff present.
Matter is adjourned to 27.01.2026 for Citation of plaintiff if any.
Next Purpose: CIATATION
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: PO is on leave.
Next Purpose: CIATATION
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Adv. Hemant Sharma i/b Adv. Shahbaz Pathan for plaintiff present.
Matter is adjourned to 10.03.2026 for Citation.
Next Purpose: CIATATION
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: Adv. Hemant Sharma i/b Adv. Shahbaz Pathan for plaintiff present.
Matter is adjourned to 25.03.2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: Adv. Hemant Sharma h/f Adv. Shahbaz pathan for plaintiff present.
Adv. Samiksha Mayekar for defendant present and submitted that matter is kept under caption of judgment, however, their application Exh.16 objecting the conversion of suit from Commercial Suit to Summary Suit is yet to be decided. Order - In view of the submission the caption is accordingly changed.
Matter is adjourned to 24.04.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: Adv. Hemant Sharma for plaintiff present.
Adv. Samiksha Mayekar for defendant present.
Matter is adjourned to 05.05.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Adv. Hemant Sharma a/w Adv. Shahbaz Pathan for plaintiff present and filed written notes of argument on Exh.16. TOR and marked as Exh.19. Order - Read and recorded.
Later on at 12.20 p.m
Adv. Sneha Ramnathan for defendant present and filed written synopsis to Exh.16 taken on record and marked as Exh.20. Order - Read and recorded.
Copy of Exh.20 served to Adv. Pathan.
Matter is adjourned to 07.05.2026 for Order Exh.16.
Next Purpose: ORDER
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: None present.
Court is busy in dictating judgment in Suit No.3972/2009, Summary Suit No.597/2021 and Summary Suit No.634/2021.
Matter is adjourned to 08.05.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 08-05-2026
Date: 08-05-2026
Business: Adv. S. S. Pathan for plaintiff present.
F. R.S.R. following order is passed.
ORDER BELOW EXH.16
ORDER
1.
The application (Exh.16) is rejected with costs of Rs.25,000/-.
2.
The costs of Rs.25,000/- be paid to plaintiffs by next date without fail.
3.
The application is disposed of.
Adv. Pathan field draft SJ along with supporting affidavit. TOR. Order - Leave granted to register SJ.
Matter is adjourned to 20.06.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2026
Date: 20-06-2026
Business: Adv. Hemant Sharma i/b Adv. Shahbaz Pathan for plaintiff is present.
None for defendant.
On oral request of Adv. for plaintiff time is granted for tendering registered SJ on record.
Matter is adjourned to 10.08.2026 for Tendering registered SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2026
Date: 10-08-2026
Business: Adv. Shahbaz Pathan for plaintiff is present.
Adv. Samiksha Malekar for defendant is present.
Adv for plaintiff tendered registered SJ No.125/2026. TOR.
Kept back.
Later on at 01.15 p.m.
Same appearance for plaintiff and defendant.
Originally it was a Commercial Suit No.87/2021. NM No.2803/2022 was allowed on 14.11.2022 with a direction that present suit is not covered by Commercial dispute so it should be re-assigned. Thereafter, the Department has registered present suit as a Summary Suit No.989/2022. Thereafter, application Exh.16 was moved by defendant with a prayer that suit should have been registered as a Suit only. That application was turned down by the then Presiding Officer on 08.05.2026. Said order is not challenged by defendant. It is worth to note that defendant did not deposit cost of Rs.25,000/- which was imposed as per order 08.05.2026.
Both parties are directed to take note of a fact that present suit is a Summary Suit only and it will be governed U/O. 37 of CPC. It is correct that defendants filed a written statement when it was a Commercial Suit. However, that written statement cannot be considered for a simple reason that plaintiff will have to take out summons for judgment U/O.37 R.4 of CPC and defendants may file leave within limitation.
On this backdrop Adv for defendant objected for taking on record registered SJ. In view of above observations plaintiff has rightly tendered registered SJ on record as present suit is governed U/O. 37 of the Code of Civil Procedure.
Copy of SJ is served on Ld. Adv. for defendants.
Matter is adjourned to 08.09.2026 for Reply on SJ.
Next Purpose: REPLY
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: P. O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 23-10-2026
