Date: 12-02-2020
Business: The court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Called out at 11.07 am.
None present for plaintiff.
Adv. Ashok Shah for defendant present and filed VP and WS.
Vakalatnama filed on behalf of defendant.
Written statement filed on behalf of defendant. TOR.
Matter stands Adj for framing issues to 19.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Mr.Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 15/04/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: None present.
As per office order No. 94 of 2020 dated 18.06.2020 board dated- 19.06.2020 is adjd to 15.07.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: None present.
As per office order no. 94 of 2020 dated 18.06.2020 board dated 22.07.2020 is adjd to 03.08.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 19.08.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 16/10/2020 for framing issue .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Court is on leave. Matter adjd to 02.11.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 09/11/ 2020 for framing issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 25/11/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19.12.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 11/01/2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 29.01.2021 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present for plaintiff
None present for defendant.
Matter adjd to 25.02.2021 for statement of truth/admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mr. Ramesh Jain for plaintiff present.
Adv.for defendant absent.
Matter adjd to 10.03.2021 for admission and denial of document and filing of Statement of truth.
L.O. at 12.05 p.m.
Adv. Heman Hasnale h/f Adv. Asha Shah for defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for plaintiff.
Adv.Hemant Hasmale h/f. Adv.Asha Shah for defendant present.
KB
LO
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 01.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Adv. Hemant Hasnale h/f Adv. Asha Shah for defendant.
Matter adjd to 22/04/2021 for admission denial on document.
LO at 12.20 pm
Adv. Ramesh Jain for plaintiff is present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 14.06.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 02.07.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.07.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 11.08.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
Adv.Asha Shah for defendant present.
KB
LO at 12.39 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Asha Shah for defendant present.
Defendant seeks time to provide copy of written statement to the plaintiff.
Matter adjd to 01.09.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm
Adv.Asha Chetan Shah for defendant present.
Defendant wants to file admission and denial a/w.affidavit. Affidavit is not ready. Matter adjd to 23.09.2021 for filing admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
Adv.Asha Shah for defendant present.
Defendant has filed admission and denial a/w. affidavit in support, Exh.4 (colly.) t.o.r. Copy of the same is submitted for other side.
Matter adjd to 11.10.2021 for admission and denial by the plaintiff.
Judge
LO at 01.27 pm
Adv.Ramesh Jain for plaintiff present.
Copy of Exh.4 (colly.) supplied to advocate for plaintiff. Endorsement to that effect is made by Adv. of plaintiff on Exh.4 (colly.) itself.
Matter adjd to 11.10.2021 for admission and denial by the plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.13 pm
Adv.Ramesh Jain for plaintiff present and filed pursis, Exh.5 in respect of admission and denial contending that the defendant has not filed any new document otherthan which are relied upon by the plaintiff and hence, the plaintiff is unable to file admission and denial in respect of defendants document.
Matter adjd to 20.10.2021 for CMH and issues.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.05 pm,
Adv.Asha Shah for defendant present and filed pursis, Exh.6 regarding documents t.o.r.
Heard Adv.of defendant on case management hearing.
KB
LO at 03.58 pm
Adv.Ramesh Jain for plaintiff present.
Heard Adv.of plaintiff on case management hearing.
Defendant submits that there will be no witness of the defendants.
ORDER ON CASE MANAGEMENT HEARING.
Date
Stage
Today
Issues are framed, Exh.7
on or before
10.11.2021
Filing of affidavit of evidence by the plaintiff and defendant and exhibition of plaintiffs documents
on or before
20.11.2021
Cross-examination of plaintiffs witness PW-1 by the defendant
on or before
30.11.2021
Plaintiffs further evidence.
on or before
10.12.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
on or before
20.12.2021
Judgment
Matter adjd to 10.11.2021 for filing of affidavit of evidence by the plaintiff and deft. and exhibition of plaintiffs documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.42 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Hemut Hasnule h/f.Adv.Asha Shah for plaintiff present.
The Ld.Adv.for the plaintiff submits that he will serve copy of affidavit of witness well in advance to the defendant before next date. Submission is accepted. Plaintiff to comply accordingly.
Matter adjd to 20.11.2021 for filing plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.43 am,
Adv.Ramesh Jain for plaintiff present.
Adv.Asha Shah for defendant present.
The plaintiff filed statement of truth, Exh.8 t.o.r. Copy of same is received by the defendant. Endorsement to that effect is made.
The plaintiff tendered affidavit of evidence of plaintiff-Praful, PW-1 t.o.r. It is read and recorded and marked as Exh.9.
The plaintiff also tendered list of documents, Exh.10 t.o.r.
Copy of Exh.9 and Exh.10 are furnished to the defendant. Endorsement to that effect is made
ORDER BELOW EXH.10
The documents at Sr.No.1, 2, 4, 4A and 7 are admitted by the defendant and endorsement to that effect is made on Exh.10, hence, these documents are marked as Exh.11, Exh.12, Exh.13 (colly.), Exh.14 (colly.) and Exh.15 (colly.) respectively. They are as follows.
1. The document at Sr. No.1 is bank statement of Bank of India. As admitted, marked as Exh.11.
2. The document at Sr. No.2 is bank certificate of Bank of India dated 02.07.2021. As admitted, marked as Exh.12.
3.The document at Sr. No.4 is copies of GST record (page No.7 to 10). As admitted, marked as Exh.13 (colly.)
4. The document at Sr. No.4A is defendants letter dated 04.05.2019 a/w. postal record (page No.11 to 14). As admitted, marked as Exh.14 (colly.).
5. The document at Sr. No.7 is defendants letter dated 04.06.2019 a/w. postal records (page No.20 to 25). As admitted, marked as Exh.15 (colly.).
ORDER REGARDING REMAINING DOCUMENTS
The document at Sr. No.3 is office copy of debit note (page No.3). Read the contents of para No.6 of the affidavit of evidence. The document is admitted and marked as Exh.16.
The document at Sr. No.5 is office copy of plaintiffs letter dated 18.05.2019 (page No.15 to 17). Read the contents of para No.10 and 11 of the affidavit of evidence. The document is admitted and marked as Exh.17.
The document at Sr. No.6 is plaintiffs complaint dated 28.05.2019 (page No.18 to 19). Read the contents of para No.12 and 13 of the affidavit of evidence. The document is admitted and marked as Exh.18.
Matter adjd for cross-examination of plaintiff.
Matter adjd to 27.11.2021 at 02.45 pm for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Asha Chetan Shah for defendant present.
The defendant filed statement of truth, Exh.19 t.o.r.
The defendant filed application for de-exhibiting documents at Exh.16, Exh.17, Exh.18. It is at Exh.20. O-Otherside to say.
Matter proceeded with recording evidence of PW-1.
PW-1, Mr.Praful Jain resumed on S.A.
Cross-examination of PW-1, commenced and partly concluded.
(As Court time is over, further cross-examination is deferred till next date.)
Matter adjd to 10.12.2021 at 01.00 pm for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.36 pm,
Adv.Ramesh Jain for plaintiff present.
KB
LO at 01.16 pm,
Defendant in person present. He filed application for adjournment, Exh.21 t.o.r. O-Considering the reason stated, adjournment is granted.
Matter adjd to 20.12.2021 for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None present for plaintiff.
Defendant in person present. He filed adjournment application, Exh.22 t.o.r. O-Last chance granted.
Matter adjd to 04.01.2022 for case management hearing.
Judge
LO at 01.10 pm,
Adv.Ramesh Jain for plaintiff present. He filed adjournment application, Exh.23 t.o.r. O-Last chance granted.
Matter adjd to 04.01.2022 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None for defendant.
Vakalatnama filed by Adv.Ashwin Poojari for plaintiff t.o.r. marked as Exh.24. He orally requested time for cross-examination.
Matter adjd to 17.01.2022 for cross-examination and CMH hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv.Ashwin Poojari for plaintiff present.
Adv Asha Shah for Defendant present.
Advocate for plff filed applicatoin for adjournment t.o.r and marked as Exh. 25. Order : Considering the reason, adjournment is granted.
Matter adjd to 03.02.2022 for Further Cross Examination and CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None present for plaintiff.
Adv.Asha Shah for defendant present.
KB
LO at 12.47 pm,
Adv.Rameshwar Totala a/w Adv.Ashwin Poojari for plaintiff present.
Adv.Asha Shah for defendant present.
PW-1, Praful Sukanraj Jain resumed on S.A.
Further cross-examination of PW-1, commenced and partly concluded.
Pursis, Exh.26.
(At the request of the defendant cross-examination is deferred.)
Matter adjd to 11.02.2022 for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv.Ashwin Pujari h/f.Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Shah for defendant present.
KB till 12 noon
LO at 12.41 pm,
Adv.Ashwin Pujari h/f.Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Shah for defendant present.
PW-1, Praful Sukanraj Jain resumed on S.A.
Further cross-examination of PW-1, commenced and partly concluded.
(Due to recess, cross-examination is deferred till 02.00 pm.)
Judge
LO at 02.00 pm,
Adv.Ashwin Pujari h/f.Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Shah for defendant present.
PW-1, Praful Sukanraj Jain resumed on S.A.
Further cross-examination of PW-1, concluded.
The plaintiff filed evidence close pursis t.o.r. and marked as Exh.27.
Heard both the sides on case management hearing.
On 18.02.2022 for filing affidavit of evidence of DW-1.
On or before 28.02.2022 for cross-examination of DW-1 by plaintiff.
On or before 08.03.2022 for further cross or argument.
On or before 21.03.2022 for argument/judgment.
On or before 31.03.2022 for judgment.
Matter adjd to 18.02.2022 for filing of evidence of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv.Ashwin Poojari h/f. Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Shah for defendant present.
KB for filing defendants evidence.
LO at 11.25 pm,
Adv.Ashwin Poojari h/f. Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Shah for defendant present.
Adv.of defendant filed affidavit of evidence of Mr.Pulkesh Mahajan (DW-1). It is read and recorded and marked as Exh.28.
Heard both the sides on case management hearing.
Date
Stage
On 03.03.2022
Cross-examination of DW-1
On or before 11.03.2022
Day reserved for further cross or argument.
On or before 21.03.2022
Argument/Judgment
On or before 31.03.2022
Judgment
By consent keep on 03.03.2022 for cross-examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None present for plaintiff.
None present for defendant.
Defendant present.
KB.
L.O. at 11.40 a.m.
Adv. Mr. Ashwin Poojari h/f Adv. Mr. Rameshwar Totala for the plaintiff present.
Adv. Asha Chetan Shah for the defendant present.
Witness present.
KB
L.O. at 12.10 p.m.
Adv. Mr. Rameshwar Totala for the plaintiff present.
Adv. Asha Chetan Shah for the defendant present.
Witness present.
Cross-examination of DW No.1 Mr. Pulkesh Kishanlal Mahajan is partly recorded.
Matter adjd to 11.03.2022 for further cross-examination of DW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Defendant present.
None present for plaintiff.
KB
LO at 12.03 pm,
Adv.Rameshwar Totala for plaintiff present.
Mr.Pulkesh Mahajan, defendant in person present. He filed adjournment application t.o.r. and marked as Exh.29. O-Time granted till 17.03.2022.
Matter adjd to 17.03.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Mr. Ashwin Poojari present for plaintiff.
Adv. Asha Chetan Shah present for defendant.
KB for filing documents by defendant.
L.O. at 12.54 p.m.
Defendant Pulkesh alias Phulkesh Mahajan present.
Adv. Mr. Ashwin Poojari h/f Adv. Rameshwar Totala present for plaintiff.
The defendant filed pursis alongwith compilation of documents. t.o.r. and marked as exh.30 and 31. Copy of compilation of documents received by the plaintiff.
Matter adjd to 28.03.2022 for further cross of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present for plaintiff.
Defendant Mr.Phulkesh present.
Adv.Asha Chetan Shah for defendant present.
Defendant filed pursis in respect of production of documents a/w. compilation of documents t.o.r. and marked as Exh.32 and Exh.33 respectively.
Copy of same is kept on record for furnishing same to the plaintiff.
KB
LO at 11.49 pm,
Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Chetan Shah for defendant present.
Copy of Exh.32 and Exh.33 are received by the plaintiff. Endorsement to that effect is made.
KB
LO at 12.09 pm,
Same appearance.
Resumed on S.A. Mr.Pulkesh Kishanlal Mahajan (DW-1)
Further cross-examination of PW-1 commenced and concluded.
KB
LO at 02.46 pm,
Same appearance.
Evidence close pursis filed by Adv.of defendant t.o.r. and marked as Exh.34.
Heard final argument of Adv.of plaintiff.
Matter adjd to 30.03.2022 for argument of deft.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None present for plaintiff.
Defendant Phulkesh present.
Adv.Asha Shah for defendant present.
KB
LO at 12.25 pm,
Adv.Ashwin Poojari for plaintiff present.
Adv.Asha Shah for defendant present.
Heard final argument of Adv.of defendant.
Matter adjd to 31.03.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Ashwin Poojari h/f.Adv.Rameshwar Totala for plaintiff present.
Adv.Asha Chetan Shah for defendant present.
KB for judgment.
LO at 04.50 pm,
Reasoned Judgment is dictated. Same is pronounced in open Court.
In detailed judgment following order is passed.
ORDER
1. Suit is dismissed with costs.
2. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 31-03-2022