Date: 02-03-2020
Business: Adv. Arthav Sanghvi for plaintiff is present.
Adv. Mangesh Nalawade for defendant is present and undertakes to file vakalatnama and written statement on next date.
On the oral request for advocate for defendant, adjourned to 16.03.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present and requested short adjournment for filing V/P and W.S. Request is allowed.
Adjourned for written statement to 23.03.2020.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lok Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: None present for plaintiff.
Advocate Mangesh Nalavade @ Akshay Patil for defendants are present.
Advocate for defendant tendered application at Exh. 05 to undertake file V/P and he also tendered written statement at Exh. 06.
Advocate for defendant is hereby directed to serve copy of written statement to the plaintiff.
Adjourned for compliance to 23.11.2020.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Sangavi for plaintiff present.
Advocate Asmita Rajbhar for defendant is present.
Exh. 7 - VP of Adv. Nanaware of behalf of defendant.
Exh 8 - Issue framed.
Matter is adjd.to 09-02-2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Arthav Sanghavi for plaintiff prayed for two weeks time to present list of documents and evidence.
Adv. Mangesh Nalavade for defendant is present.
Matter is adjd.to 24-02-2021 for R/E,
Production of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Mr. Arthav Singhavi for plaintiff, prayed for two weeks adjd. On similar reason, adjd was sought on last date. Issues were frame vide Exh.8 and noted on 01.02.2021. Adjd is granted as prayed r/o. 12.03.2021. Plff to note positively submit documents and list of witness on 12.03.2021.
Adv. Mr. Mangesh Nalawade for defendant present.
Matter is adjd.to 12.03.2021 for list of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. for Sanghvi plaintiff present.
Adv. Mangesh Nalawade for defendant present.
Exh.9- List of documents submitted by plaintiff, copy served to defendant.
Defendant to submit admission and denial.
Matter is adjd.to 19/03/2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Arthav Sanghvi for plaintiff present.
Adv. Mangesh Nalawade for defendant, submits that Defendant will tender copy of document to plaintiff and both side will complete inspection of documents of other side, prayed for adjournment.
Both side to note issues are already framed vide Exh.8.
Both side to submit List of documents and CMH Schedule.
Next date 08.04.21 is granted with both side consent.
Matter is adjd.to 08.04.2021 for List of documents and
CMH Schedule.
Next Purpose: HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for both sides.
Matter is adjd.to 18.06.2021 for list of documents
and CMH .
Next Purpose: HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 05-08-2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv. Sumi Soman for plaintiff present.
Adv. Mangesh Nalavade for defendant present.
After hearing both sides, case management schedule is chalked out/framed separately.
Both sides are directed to adhere to the schedule.
Matter is adjd.to 26-08-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Mr. S.M. Sarosh for plaintiff present.
None for defendant.
Matter is adjd.to 31.08.2021 for filing list of witness.
L.O.
Adv Asmita Rajbhar for defendant present.
Already adjd.to 31.08.2021 for filing list of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. S. M. Sarosh for plaintiff present and filed list of witness t.o.r. and marked as Exh. 10
Adv. Asmita Rajbhar for defendant present and filed list of witness t.o.r. and marked as Exh. 11
Adv. For defendant filed list of documents t.o.r. and marked as Exh. 12
Matter is adjd.to 16-09-2021 for evidence affidavit of
plaintiff\''s witnesses.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Vrushabh Deshpande for plaintiff present.
Adv. Asmita Rajbhar for defendant present.
Adv. Vrushabh Deshpande submitted that Adv. Saroj
Mohmd. is suffering COVID-19 and sought time for filing
evidence affidavit- adjournment granted.
Matter is adjd.to 24-09-2021 for Evidence affidavit of
plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Sarosh Mohmmed for plaintiff present and filed evidence affidavit of witness Ranjit Bhake t.o.r. and marked as Exh. 13
Adv. Asmita M. Rajbhar for defendant present
Copy of Exh. 13 is provided to the Adv. for defendant.
Witness Ranjit Bhake is absent.
Matter is adjd.to 24-11-2021 for further chief and cross
examination of witness Ranjit Bhake on Exh. 13. (12.30
pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Saroj for plaintiff present and filed application for production of documents t.o.r. and marked as Exh. 14 – other side to say.
He also filed list of documents with Exh. 14 t.o.r. and marked as Exh.15 . He filed one additional list of documents regarding all documents which he is relying upon t. o. r.
Adv. Mangesh Nalawade for defendant present.
Matter is adjd.to 10 -01-2022 for say on Exh. 14.
Next Purpose: FILING SAY
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 11-02-2022 for say
Next Purpose: FILING SAY
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None for plaintiff.
Adv. Ms. Asmita Rajbhar for defendant present and prayed for adjmnt. to give say on Exh.14 – short date be given.
L.O.
Adv. Mr. Rishabh Deshpande for plaintiff present and filed statement of admission and denial of documents, t.o.r. and marked as Exh.16.
Matter is adjd.to 03-03-2022 for say of Exh.14.
Next Purpose: FILING SAY
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Sarosh Mohd. for plaintiff present.
Adv. Asmita Rajbhar for defendant present and filed reply to application Exh. 14 t.o.r. and marked as Exh. 14A
Adv. Asmita Rajbhar for placed on record copy of Exh. 14A for plaintiff .
Adv. Sarosh Mohd. for plaintiff received copy of Exh. 14A.
Matter is adjd.to 28-03-2022 for hrg on Exh. 14.
Next Purpose: HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Sarosh Mohd. for plaintiff present and prayed for adjournment short date be given.
Adv. Asmita N. Rajbhar for defendant present.
Matter is adjd.to 21-04-2022 for hearing on Exh.14.
Next Purpose: HEARING
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Sarosh Mohammed for plaintiff present.
Adv. Asmita M. Rajbhar for defendant present and received copy of Exh. 16.
Heard both sides on Exh. 14.
Matter is adjd.to 27-04-2022 for Order on Exh. 14.
Next Purpose: ORDER
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Sarosh Mohd for plaintiff present.
Adv. Asmita N. Rajbhar for defendant present.
Order below Exh. 14 -
Perused application and say. Heard both sides. On perusal of the record, it appears that the plaintiff is placing on record additional documents with list Exh. 15. While doing so, he has not explained reference of these letters in the plaint. He has not filed these documents with the plaint and also with earlier list of documents Exh. 9. No document is annexed with list Exh. 9. Therefore, production of these documents cannot be permitted in view of Order 11 Rule 1 (4) and (5) of the C.P.C.. Hence, application Exh. 14 is rejected. Documents filed with list Exh. 15 shall not be read in evidence.
Matter is adjd.to 07-06-2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Asmita Rajbhar for defendant present.
None for plaintiff when called.
Exh-17 Statement of admission and denial filed by adv. for defendant. T.O.R. O- Plaintiff to say
Exh-18 Compilation of documents filed by adv. for defendant. T.O.R. O- Copy be served to other side.
Other side to say.
Adjd for admission denial/evidence to 01/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Exh- 18 Adv. Sumi Soman tendered Vakalatnama for plaintiff. O-Filed
Adv. for plaintiff seeks time.
None for defendant when called.
Adjd for filing evidence by plaintiff to 13/09/2022
L. O
Adv. Asmita Rajbhar for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Sumi soman for plaintiff present. Plaintiff absent.
Adv. Mangesh Nalawade for defendant present
Evidence affidavit is already filed at Exh.13.
Adjd for marking of documents/cross examination to 11/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Sumi Soman for plaintiff present. Plaintiff present.
Adv. Asmita Rajbhar for defendant present.
Exh-19 List of documents filed by plaintiff. O- Filed
Witness to remain present on next date.
Adjd for marking documents/recording evidence to 01/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Sumi Soman for plaintiff present.
None for defendant.
Adjd to 10.01.2023 for recording evidence
LO
Adv. Mangesh Nalawade for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Plaintiff is present.
Adv. Asmita N. Rajbhar for defendant is present and adjournment application t.o.r. O- plaintiff to say.
KB L.O. at 11.11 am
Adv. Minal Parab for plaintiff is present.
Ld Adv for plaintiff filed say on itself.
O- In view of say of plaintiff adjournment granted.
Case is adjourned to 01-02-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Sumi Soman for plaintiff is present.
Adv. Mangesh Nalawade for defendant is present.
PW-01 is present.
Heard both sides on the point of marking of documents filed by the plaintiff Exh.19
Case is adjourned for order on marking of document Exh.19 to 17-02-2023.
Next Purpose: ORDER
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Sumi Soman for plaintiff is present.
Adv. Asmita Rajbhar for defendant is present.
Court busy in dictating order in NM no.1871 of 22, 3443 of 21, 4239 of 22, 1525 of 22, 4982 of 22.
Case is adjourned for order 10-03-2023
Next Purpose: ORDER
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Sumi Soman for plaintiff present.
None for defendant.
Court busy in Judgment of Commercial Summary Suit No.302 of 2022 and 295 of 2022. Hence adjourned.
Case is adjourned on 29.03.2023 for Orders
Next Purpose: ORDER
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Sumi Soman for plaintiff present.
None for defendant.
Court is busy in passing order in NM 1097/23 hence adjourned.
Case is adjourned to 10.04.2023 for order
Next Purpose: ORDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Sumit Soman for plaintiff is present.
None for defendant.
Court is busy in hearing on NM no. 2600 of 22, dictating order in NM no. 1344 of 22.
Case is adjourned for order to 17-04-2023.
Next Purpose: ORDER
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Sumi Soman for plaintiff is present.
Adv. Asmita Rajbhar for defendant is present.
The argument of both sides was heard by this Court on the point of marking of document on 01-02-2023. i have gone through the statement of admission and denial filed by the defendant at Exh.17. As per statement of admission denial the defendant has admitted the document at Sr. No. 1 to 4, 13, 15, 21, 22, 25, 57 and 59. Therefore, these documents are marked as exhibits.
Exh.21 - Copy of letter dated 06-04-2023.
Exh.22 - Copy of work order dated 26-04-2023
Exh.23 - Copy of contract document dtd 26-04-2023.
Exh.24 - Copy of program chart dated 18-05-2023.
Exh.25 - Copy of warning notice dated 18-11-2013.
Exh.26 - Copy of termination notice dated 05-12-2013.
Exh.27 - Copy of communication dated 11-03-2014.
Exh.28 - Copy of communication dated 27-03-2014.
Exh.29 - Copy of communication dated 12-06-2014.
Exh.30 - Copy of communication dated 10-04-2019.
Exh.31 - Copy of communication dated 30-04-2019.
The defendant has denied rest of the documents filed by the plaintiff.
In present case the plaintiff has filed his affidavit of examination in chief and he deposed about the documents filed along with Exh.19. The document at Sr. No.5 to 9 are the office copy of revised program chart, office copy of communication and letter dated 09-08-2013. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No. 5 to 9 are marked Exh.32 to 36.
The document at Sr. No.10 to 12 are the office copy of communication. These document are office copies. These documents are can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No. 10 to 12 are marked Exh.37 to 39.
The document at Sr. No.14 is the office copy of communication in reply to warning notice dated 21-11-2013. The document is office copies. The document can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No. 14 is marked Exh.40.
The document at Sr. No.16, 17, 19, 20, 23 and 24 are the office copy of communication. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No. 16, 17, 19, 20, 23 and 24 are marked Exh.41 to 46.
The document at Sr. No.26 to 39 are the office copy of communication. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No. 26 to 39 are marked Exh.47 to 60.
The document at Sr. No.40 to 47 are the office copy of communication and the office copy of undertaking. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr.No.40 to 47 are marked Exh.61 to 68.
The document at Sr. No.48,49 and 50 are the office copy of communication. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr. No. 48,49 and 50 are marked Exh. 69 to 71.
The document at Sr. No.52 to 62 are the office copy of communication. These document are office copies. These documents can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr. No.52 to 62 are marked Exh.72 to 82.
The document at Sr. No.51 is the office note of internal discussion. The document is office copies. The document can be marked as exhibit. The defendant can cross-examine the witness. Hence, document at Sr. No.51 is marked Exh.83.
There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence. These documents contain statement of facts and the truth of such facts is in issues and will have to be established. PW-01 deposed about the documents. Now defendant can cross-examine the plaintiff witness and the Court will finally decide on the truth in the course of trial.
Ld adv for the defendant strongly objected for exhibiting the documents. He also argued that the documents were filed at late stage on record. Hence, they can not be admitted. In present case the documents are already taken on record. The objections regarding the admissibility can be taken on record. Exhibition of documents is administrative function. Mere exhibition of document cannot dispense with the proof of documents. Hence, there will be no prejudice to the defendant. Exhibiting or marking of a document after such formal proof is tendered does not, however, mean that the question of genuineness of the document is finally concluded in the trial.
Only when all the evidence is led that the court may take a final call on the genuineness of a document in this sense. So also, exhibiting or marking of a document in evidence after its formal proof is tendered does not mean that the truth of its contents is proved, whenever of course the truth is in issue, as explained above. Hence, the documents filed by the plaintiff are marked as exhibit as 21 to 83 respectively.
Case is adjourned for cross-examination to 08-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport Development Co. Ltd
Adv. Sumit Soman present for plaintiff.
Adv. Mangesh Nalawade present for defendant.
Plaintiff witness Ranjit Bhake present.
Plaintiff to take steps regarding exhibiting document.
Matter adjourned for evidence to 25.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport Development Co. Ltd.
Adv. Sumi Soman present for plaintiff.
Adv. Asmita Rajbhar present for defendant.
Both are seeking oral adjournment for cross-examination of plaintiff witness.
Plaintiff witness Ranjit absent.
Parties to take steps.
Matter adjourned to 14.09.2023 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport
Adv. Sumi Soman present with plaintiff.
Adv. Asmita Rajbhar present for defendant.
Exh.84 - Application filed by defendant to strike out the evidence of the plaintiff
O - Other side to say.
Matter adjourned to 27.10.2023 for Say.
Next Purpose: FILING SAY
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: B. K. Infratech V/s Maharashtra Airport development.
Adv. Sumi Soman present for plaintiff.
Adv. Asmita Rajhbhar present for defendant.
Exh.85 - Reply filed by plaintiff to Exh.84.
Case adjourned to 18.12.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: B. K. Infratech V/s Maharashtra Airport
Adv. Sumi Soman present for plaintiff.
Intern Lekha Mohite present for defendant.
As Court is on leave, matter adjourned.
Case adjourned to 17.01.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
B.K. Infratech Vs. Maharashtra Airport Development
Adv Sumi Soman present for plaintiff.
Adv. Asmita Rajbhar present for defendant.
FRSR following order is passed below Exh. 84
1. Application at Exh. 84 is filed.
2. Suit is pending for cross-examination.
3. Parties to expedite on 24.01.2024 for
cross-examination.
Case adjourned to 24.01.2024 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
B. K. Infratech V/s Maharashtra Airport
Adv. Sumi Somani present for plaintiff.
Plaintiff witness Ranjit Bake present for cross-examination.
Defendant side called, but absent.
Later on at 11.31 Hrs.
Adv. Sumi Soman present for plaintiff.
Adv. Asmita Rajbhar present for defendant.
Exh.26 - Adjournment application filed by defendant. seeking oral adjournment for medical reason.
Not objected by plaintiff.
By consent of both counsels Suit is adjourned to 12.02.2024.
Case adjourned to 12.02.2024 for cross-examination of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: PO is on leave.
B. K. Infrtech V/s Maharashtra Airport
Adv. Sumi soman present for plaintiff.
Adv. Asmita Rajbhar present for defendant.
Suit adjourned to 15.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: B. K. Infratech v/s Maharashtra Airport
Adv. Sumi Soman present for plaintiff.
Plaintiff witness Ranjeet Bhake present.
Defendant side called, but absent.
Perusal shows that, the issues are framed on 01.02.2021.
Plaintiff has filed evidence affidavit at Exh.13 on 08.11.2021. Thereafter he exhibited his documents on 17.04.2023 as Exh.21 to Exh.83.
Since then, Suit is pending for cross-examination of plaintiff.
Perused order Dt. 17.01.2023, wherein Court has directed parties to expedite.
Today, defendant is absent.
There is no application for adjournment from defendant. Hence, following order is passed.
Suit to proceed without cross-examination of plaintiff witness Ranjeet Bhake.
Plaintiff to take steps regarding further evidence, if any.
Suit adjourned to 01.04.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: B. K. Infratech Vs Maharashtra Airport
Adv. Sumi Soman present for plaintiff.
Adv. Mangesh Nalawade present for defendant
Exh.87- Draft Notice of motion filed by defendant, seeking permission to cross examine the plaintiff.
Exh.88- Affidavit in support of Notice of motion.
Parties to supply their pleadings / documents to rival sides.
Plaintiff filed overleaf reply to the Notice of Motion giving no objection.
Considering the medical reasons stated by the defendant and in the interest of justice, the draft Notice of Motion is allowed.
Defendant is permitted to conduct the cross examination of plaintiff\''s witness Ranjit Bake.
Parties to take steps by next date.
Notice of Motion be registered for statistical purpose.
Order dictated and pronounced in presence of aforesaid counsels.
Suit adjourned to 10.06.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: B. K Infratech V/s Maharashtra Airport
Adv. Sumi Soman present for plaintiff.
Adv. Neha Kasade present for defendant.
As per Order dt. 01.04.2024, Suit is pending for cross-examination of plaintiff witness Ranjit.
Exh.89 - Adjournment application filed by plaintiff.
Not objected by defendant.
Order - Adjournment allowed for today.
Suit adjourned to 18.07.2024 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: B. K. Infratech V/s Maharashtra Airport
Adv. Indrakumar Lahoti present for plaintiff.
Adv. Mangesh Nalawade present for defendant.
Plaintiff has filed registered NM No. 2219 / 2024 (already disposed off)
On oral request of defendant, Suit is kept back for filing adjournment application.
Later on at 13.06 Hrs.
Adv. Indrakumar Lahoti present for plaintiff.
Plaintiff witness Ranjit Bhake present.
Adv. Mangesh Nalawade present for defendant.
Exh.90 - Adjournment application filed by defendant.
Objected by plaintiff.
Cross examination of plaintiff witness No.1 is pending since 17.04.2023.
Order - Allowed subject to cost of Rs.3000/- payable to plaintiff.
Suit adjourned to 09.08.2024 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport
Adv. Indrakumar Lahoti present for plaintiff.
Plaintiff witness Ranjit Bhake present.
Adv. Asmita Rajbhar present for defendant.
Suit is kept back.
Later on at 12.50 Hrs.
Adv. Indrakumar Lahoti present for plaintiff.
Plaintiff witness Ranjit Bhake present.
Adv. Mangesh Nalawade and Adv. Asmita Rajbhar present for defendant.
Exh.91- Vakalatnama of plaintiff.
Cross-examination of plaintiff witness record.
Cross-examination is Over.
Re-examination - Declined.
Suit adjourned to 04.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv. Indrakumar Lahoti present for plaintiff.
Adv. Asmita Raje present for defendant.
Exh. 92 - Evidence closure pursis filed by plaintiff.
Defendant to lead evidence on next date.
Suit adjourned to 23.09.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport
Plaintiff side called, but absent.
Adv. Asmita Rajbhar present for defendant.
Exh.93- Adjournment application filed by defendant.
Allowed for today.
On oral request of defendant, Suit is adjourned to 23.10.2024.
Suit adjourned to 23.10.2024 for evidence.
Later on at 13.58 Hrs.
Adv. Indrakumar Lahoti present for plaintiff.
Suit adjourned to 23.10.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport
Adv. Indrakumar Lahoti present for plaintiff.
Adv. Mangesh Nalawade present for defendant.
Exh.94- Adjournment application filed by defendant on the ground that, the counsel has undergone surgery.
Plaintiff has given no objection.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 03.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: B.K. Infratech Pvt. Ltd. Vs Maharashtra Airport
Adv. Somi Suman present for plaintiff.
Adv. Aanchal Mhatre present for defendant.
Exh.95- Adjournment application filed by defendant on the ground that, employee is out of Mumbai.
Plaintiff filed overleaf reply, opposing application.
Perused Exh.92 to Exh.94.
O- Adjournment application is allowed subject to cost of Rs.2,000/- payable to plaintiff.
Defendant to file pursis regarding compliance of cost on next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
For convenience of Lawyers and Litigants, this Order is being uploaded in PDF format.
Suit adjourned to 12.02.2025 for compliance.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. Indrakumar Lahoti present for plaintiff.
Adv. Mangesh Nalawade present for defendant.
Exh.96- Adjournment application filed by defendant.
O- Other side to say.
O- Perused application and say. Heard learned advocates for parties. It is pertinent since September, 2024 time and again defendant sought adjournments to lead its evidence. On last date matter was adjourned by imposing cost of Rs.2,000/- vide below Exh.95. Today, the reason for adjournment is given in application is, defendant is in process of taking out Notice of Motion seeking production of documents under Order 11 of CPC. One after another reasons have been put forth for adjournment. It is thus clear that, defendant doesnt want to lead its evidence. Hence, I do not find any substance in the application Exh.96 and same stands rejected. Evidence of defendant is closed. Suit is adjourned for final arguments.
Suit adjourned to 01.03.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Adv. Sumi Soman for plaintiff present.
Adv. Asmita Rajbare for defendant present.
Adv for the defendant tendered draft Notice of Motion along with affidavit of support. TOR. for setting aside the order dated 12.02.2025.
O. Leave is granted to register the same.
Adv for the defendant tendered draft Notice of Motion along with affidavit of support. TOR. for production of documents.
O. Leave is granted to register the same.
Copy served to other side.
Matter stands Adj for NM reply on 10-03-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: Adv. Indrakumar Lahoti for plaintiff present.
Adv. Asmita Rajbhar for defendant present.
Advocate for the defendant tendered two registered Notice of Motion Nos.1376/2025 and 1377/2025 along with affidavit in support. TOR
Exh.97 Reply to NM No.1376/2025 filed by the plaintiff.
Exh.98 Reply to NM No.1377/2025 filed by the plaintiff.
Copy served to the defendant.
Heard the Ld advocate for plaintiff and the Ld advocate for the defendants on NM Nos.1376/2025 and 1377/2025.
FRSR following order is passed on NM No.1376/2025
Order
1. The Notice of Motion No.101376 / 2025 is partly allowed and made absolute to the extent of leave to produce on record, the documents under Schedule A to the notice of motion, subject to costs of Rs.10,000/- and out of the said costs Rs.7,000/- to be paid to the plaintiff and Rs.3,000/- to the DLSA, Mumbai within 04 weeks from the date of uploading of the order.
2. The defendant to file compliance by next date.
3. It is needless to state that failure of the defendant to comply clause 1 of the Operative Part of the Order, the Notice of Motion No.101376 / 2025 shall stand dismissed with costs of Rs.3,000/- payable to the DLSA, Mumbai.
4. Order dictated and pronounced in Open Court.
5. Proceeding of Notice of Motion No.101376 / 2025 is closed.
6. Record of Notice of Motion No.101376 / 2025 shall be part of Commercial Suit kllNo. 100066 / 2020.
FRSR following order is passed on NM No.1377/2025.
Order
1. The Notice of Motion No.101377 / 2025 is allowed and made absolute in terms of prayer clause (a), subject to costs of Rs.2,000/- payable to the plaintiff within 04 weeks from the date of uploading of the order.
2. The defendant to file complianceJ by next date.
3. Order dictated and pronounced in Open Court.
4. Proceeding of Notice of Motion No. 101377 / 2025 is closed.
5. Record of Notice of Motion No. 101377 / 2025 shall be part of Commercial Suit No. 100066 / 2020
Matter stands Adj for compliance on 21-04-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Adv. Mr. Indrkumar Lahoti for the plaintiff is present.
Adv Ms. Asmita Rajbhar for the defendant is present.
AR of defendant is present.
Exh. 99. Advocate for the defendant filed compliance report.
O- Seen.
Exh. 100. Advocate for the defendant filed affidavit in lieu of examination of chief. Copy is served to the other side. O- Filed.
Exh. 101. Advocate for the defendant filed compilation of documents. Copy is served to the other side. O- Filed.
Exh. 102. Advocate of the defendant filed additional list of documents. Copy is served to the other side. O- Filed.
Matter stands Adj 12.06.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Matter pertains to C.R. No.31
Adv. Indrakumar Lahoti for plaintiff present.
Adv Asmita Rajbhar for defendant present.
Adv for the plaintiff presented statement of admission and denial along with affidavit in support.
Matter stands Adj to 03-07-2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: Adv. Indrakumar Lahoti for plaintiff present.
Adv. Mangesh Nalawade for defendant present.
Witness of defendant Mangesh Kulkarni is present.
Kept back for marking of documents and further examination in chief.
Later on at 1.55 pm.
It is 01.55 pm now. Few matters are kept back in second session. In this case documents are to be marked with exhibit numbers. Advocate for the defendant submit that he is not available in second session.
Matter stands Adj to 07-08-2025 for marking of documents and further examination in chief.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Adv. Indra Kumar Lahoti for plaintiff present.
Adv. Asmita Rajbhar for defendant present.
Kept back for further examination of chief and marking of documents. Later on at 01.10 pm
Adv. Indra Kumar Lahoti for plaintiff present.
Adv. Mangesh Nalawade for defendant present.
Defendant witness Mangesh Kulkarni is present.
O. Oath administered.
Exh.103
Copy of Letter dt. 25.09.2013 (Exhibited on the strength on recital in paragraph No.17 of affidavit Exh.100).
Exh.104
Copy of Letter dt. 11.10.2013 (Exhibited on the strength on recital in paragraph No.18 of affidavit Exh.100).
Exh.105
Copy of Letter dt. 24.10.2013 (Exhibited on the strength on recital in paragraph No.19 of affidavit Exh.100).
Exh.106
Letter dt. 24.10.2013
Exh.107
Letter dt. 21.02.2014
Exh.108
Letter dt 14.04.2014 (Same document is at Exh.45)
Exh.109
Copy of Letter dt. 02.07.2014 (Exhibited on the strength on recital in paragraph No.24 of affidavit Exh.100).
Exh.110
Copy of Letter dt. 21.07.2014 (Exhibited on the strength on recital in paragraph No.28 of affidavit Exh.100).
Exh.111
Copy of Letter dt. 11.08.2014 (Exhibited on the strength on recital in paragraph No.29 of affidavit Exh.100).
Exh.112
Copy of Letter dt. 26.09.2014 (Exhibited on the strength on recital in paragraph No.30 of affidavit Exh.100).
Exh.113
Copy of Letter dt. 26.09.2014 (Exhibited on the strength on recital in paragraph No.31 of affidavit Exh.100).
Exh.114
Copy of Letter dt. 08.10.2014 (Exhibited on the strength on recital in paragraph No.32 of affidavit Exh.100).
Exh.115 Colly
Copy of Letter dt. 17.11.2014 and 18.11.2014 (Exhibited on the strength on recital in paragraph No.34 of affidavit Exh.100).
Exh.116
Copy of Letter dt. 27.11.2014 (Exhibited on the strength on recital in paragraph No.35 of affidavit Exh.100).
Exh.117
Copy of Letter dt. 01.12.2014 (Exhibited on the strength on recital in paragraph No.36 of affidavit Exh.100).
Exh.118
Copy of Letter dt. 11.12.2014 (Exhibited on the strength on recital in paragraph No.37 of affidavit Exh.100).
Exh.119
Copy of Letter dt. 11.12.2014 (Exhibited on the strength on recital in paragraph No.38 of affidavit Exh.100).
Exh.120
Letter dt. 06.12.2014
Exh.121
Letter dt. 16.04.2015
Exh.122
Copy of Letter dt. 21.04.2015 (Exhibited on the strength on recital in paragraph No.41 of affidavit Exh.100).
Exh.123
Copy of Letter dt. 30.04.2015.
Exh.124
Original Letter dt. 02.05.2015
Exh.125
Original Undertaking dt, 25.05.2015 (Same document is at Exh.68)
Exh.126
Letter dt. 10.06.2015
Exh.127
Letter dt. 03.09.2015.
Exh.128
Copy of letter dt. 18.08.2016 (Exhibited on the strength on recital in paragraph No.47 of affidavit Exh.100).
Exh.129
Copy of letter dt. 24.08.2018 (Exhibited on the strength on recital in paragraph No.48 of affidavit Exh.100).
Exh.130
Copy of letter dt. 16.11.2018 (Exhibited on the strength on recital in paragraph No.49 of affidavit Exh.100).
Exh.131
Copy of letter dt. 24.11.2018 (Exhibited on the strength on recital in paragraph No.50 of affidavit Exh.100).
Exh.132
Copy of email (admitted document)
Exh.133
Copy of letter dt. 12.12.2018 (Exhibited on the strength on recital in paragraph No.52 of affidavit Exh.100).
Exh.134
Original Order dt. 15.12.2018
Exh.135
Copy of Resolution dt 24.09.2020 (Exhibited on the strength on recital in paragraph No.59 of affidavit Exh.100).
Exh.136
Letter dt 25.06.2013
Exh.137
Letter dt 24.07.2013
Exh.138
Letter dt.29.08.2013
Exh.138-A
Letter dt.29.08.2013
Exh.139
Letter 06.09.2013
Exh.140
Letter 17.09.2013
Exh.141
Letter 23.09.2013
Exh.142
Letter dt. 08.07.2014
Exh.143
Letter dt. 08.07.2014
Matter stands Adj to 06-10-2025 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: None present for plaintiff.
Adv. Asmita Rajbhar i/b Mangesh Nalawade for defendant present.
Defendant witness Mr. Mangesh Kulkarni is present.
Kept back. Later on at 01.25 pm.
Adv. Sumi Soman for plaintiff present.
Adv. Asmita Rajbhar i/b Mangesh Nalawade for defendant present.
Defendant witness Mr. Mangesh Kulkarni is present.
Cross examination of DW-1 is partly recorded.
Matter stands Adj to 04-11-2025 for further cross examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: Adv. Niharika Ahirekar for plaintiff present.
Adv. Mangesh Nalawade for defendant present through VC.
DW-1 Mangesh Kulkarni is present.
Exh.144 Adjournment application filed by plaintiff.
Order: Heard both parties. Advocate for defendant objected application on ground that witness is a Government Officer and he came today all the way from Ratnagiri. However, considering ailment of advocate time deserves to be granted to cross examination of DW-1 but as witness is present, application Exh.144 is allowed on costs of Rs.1,000/- payable to defendant on or before next date.
Matter stands Adj to 15-12-2025 for cross examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025
Date: 15-12-2025
Business: Adv. Sumi Soman i/b Praxis Legal for plaintiff present.
Adv. Mangesh Nalawade for defendant present.
DW-1 Mr. Mangesh Kulkarni is present.
Exh.145 Pursis filed by plaintiff informing Court that costs as per order dated 04-11-2025, is deposited.
Kept back for remaining cross examination of DW-1.
Later on at 01.25 pm.
Same appearance for plaintiff and defendant.
Further cross examination of DW-1 is partly recorded.
By consent matter stands Adj to 29-01-2026 for further cross.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Adv. Sumi Soman i/b Praxis Legal for plaintiff present.
Adv. Mangesh Nalawade for defendant present.
DW-1 Mangesh Kulkarni is present.
Kept back for cross examination of DW-1.
Later on at 01.15 pm
Same appearance for plaintiff and defendant.
Cross examination of DW-1 is recorded and completed.
Matter stands Adj to 21-02-2026 for further evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: Adv. Indra Kumar Lahoti for plaintiff present.
Intern Ms. Nilakshi Pal of Adv. Asmita Rajbhar for defendant present through VC.
Exh.146 Evidence Closure pursis filed by defendant.
Matter stands Adj to 23-03-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: Adv. Sumi Soman for plaintiff present through VC.
Adv. Asmita Rajbhar i/b Mangesh Nalawade for defendant present.
On previous date defendant filed evidence closure pursis. Matter is posted for final argument. Advocate for plaintiff requested for time to argue on a reason that plaintiff need some time to verify compilation of documents with plaint.
Submission is accepted and time is granted.
Matter stands Adj to 18-04-2026 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: None present for plaintiff.
Adv. Asmita Rajbhar i/b Adv. Mangesh Nalawade for defendant present.
Matter stands Adj to 08-06-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Adv. Sumi Soman i/b Pramis Legal for plaintiff present.
Adv. Asmita Rajbhar i/b Adv. Mangesh Nalawade for defendant present and sought time to advance final argument.
O- Granted as a last chance.
Matter stands Adj to 25-06-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: Adv. Sumi Soman i/b Praxix Legal present for plaintiff.
Adv. Asmita Rajbhar i/b Adv. Mangesh Nalawade present for defendant and filed adjournment application. TOR. Marked as Exh.147. O- Considering the High Court time bound matter going on in C.R. No. 4, one week time granted.
Matter stands Adj for arguments to 04.07.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: Adv. Indra Kumar Lahoti for plaintiff present and prayed for time to advance final argument.
O- Suit is more than five years old. Hence, last chance granted to both the sides to advance final argument and file written notes of argument if any by next date without fail.
Adv. Asmita Rajbhar for defendant present through VC.
Matter stands Adj to 21-07-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2026
Date: 21-07-2026
Business: Adv. Sumi Soman i/b Praxis Legal for plaintiff present and filed written notes of argument. TOR and marked as Exh.148.
Copy served to Intern Ms. Fatima Shaikh for defendant.
Adv. Mangesh Nalawade for defendant present through VC.
Kept back. Later on
Intern Ms. Fatima for defendant filed written notes of argument. TOR and marked as Exh.149. Copy served to Adv. Soman.
Matter stands Adj to 01-08-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2026
Date: 01-08-2026
Business: Adv. Sumi Soman for plaintiff is present.
Adv. Asmita Rajbhar for defendant is present.
Matter stands Adj to 17-08-2026 12.30 pm for final argument.
Judge
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-08-2026
Date: 17-08-2026
Business: Matter at 12.30 pm
Adv. Sumi Soman for plaintiff present.
Adv. Asmita Rajbhar for defendant present.
Matter stands Adj to 19-09-2026 at 02.45 pm for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2026
Date: 19-09-2026
Business: Adv. Sumi Soman for plaintiff present and prayed for an adjournment to advance final argument.
O- Granted.
Adv. Asmita Rajbhar for defendant present.
Matter stands Adj to 27-10-2026 at 02.45 pm for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2026