Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1 297 of 2018 MHCC010006882018 Presented on : 15-01-2018 Registered on : 01-02-2018 Decided on : 30-03-2024 Duration : 6 Yr, 2 M, 15 D Exh. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.297 OF 2018. 1.Rajiv S. Khanna ] Aged about 46 years of ] Mumbai, Indian Inhabitant, ] residing at 2, Nishat, Little Gibbs Road, ] Malabar Hill, Mumbai – 400…
Rajiv S. KhannaVsIndusInd Bank +3 more
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100297/2018
- Registration Date
- 01 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Petitioner
Acts & Sections
1Case History / Proceedings
Case History
Date: 22-02-2018
Business: court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 27-03-2018
Date: 27-03-2018
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-05-2018
Date: 04-05-2018
Business: Adv. for plaintiff present. Representative of deft no. 2 present. Adv. for defendant no.3 and 4 present.
Adv. for plaintiff tendered registered Motion No. 591/11. He also tendered affidavit of service.
Adv. for defendant nos. 3 and4 filed VP. TOR at Exh.2. He also filed WS of defendant nos.3 and 4. TOR at Exh.3. Copy served to Adv. for plaintiff.
Representative of deft no.2 filed his authority letter. TOR at Exh.4. He also filed reply to NM. No. 591/18. Copy served to Adv. for plaintiff.
Matter adj. for NM hearing on 11.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Date: 10-08-2018
Business: Adv. Muralidharn Present for the Plff.
None Present for the Deft. no. 1 and 2.
Adv. Makhija Present for the Deft. no. 3 and 4.
Heard both side over NM 591/18 at length.
Adj. For Order of NM 591/18 on 04/09/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2018
Date: 04-09-2018
Business: Adv. Murlidharn Present for the Plff.
Adv. Mahatre Present for the Deft.no.3 and 4.
Ld counsel for the Plff filed Draft CS alongwith affidavit for amendment of the plaint.
Order- Heard. Leave Granted. CS be registered. Copy be supplied upon otherside. Service affidavit be filed.
Adj. for CS returnable and Service affidavit of CS and Order of NM 591/18 on 16/11/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Adv. Present for the Plff.
Adv. Present for the Deft.
Adj. For Order NM 591/18 and CS 1620/18 on 18/12/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Adv. Murlidharan Present for the Plff.
None Present for the Deft.no.1 and 2.
Adv. Shankar Present for the Deft.no.3 and 4.
Ld counsel for the Plff filed registered CS 1620/18 alongwith affidavit. t.o.r.
Ld counsel for the Deft no.3 and 4 sought time for filing reply to CS 1620/18.
Ld counsel for the Plff sought time for filing service affidavit of CS 1620/18.
Adj. For Service affidavit of CS 1620/18 and reply to CS 1620/18 by Deft no.3 and 4 and order of NM 591/18 on 24/01/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Muralidharn Present for the Plff.
Adv. Makhija Present for the Deft. no. 3 and 4.
Ld counsel for the Plff filed affidavit of service. t.o.r.
Ld counsel for the Deft no. 3 and 4 submitted that they are not filing reply to CS 1620/18 and orally argue the matter by facing reliance over their WS.
In an affidavit a letter dt.29/09/2018 issued by authorize signatory of deft no.2 is filed which mentioned that the acknowledge and content the letter and would not be contested the same.
Heard Ld counsel for the Plff and deft no. 3 and 4 on CS 1620/18.
Adj. For Order of CS 1620/18 and Hearing of NM 591/18 on 20/02/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Adv. Murlidharan Present for the Plff.
Adv. C. U. Mahatre Present for the Deft. no. 3 and 4.
F.R.S.R. following order of CS 1620/18.
1. Chamber Summons NO.1620 of 2018 in Suit NO.297 of 2018 is allowed.
2. Plaintiff is permitted to carry out the amendment as per schedule attached to the chamber summons within fourteen days from this order.
3. After amendment, amended copy of the plaint be filed on record and it be served upon defendants.
4. Parties to bear their costs.
Adj. For Compliance and Hearing of NM 591/18 on 06/03/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. Muralidharan Present for the Plff.
Adv. Shankar Mahatre Present for the Deft. no. 3 and 4.
Ld counsel for the plff filed VP of newly added plffs no.2 and 3. t.o.r.
Ld counsel for the plff tendered service affidavit of amendment plaint upon defts. t.o.r.
None appeared for the deft no.1 and 2.
Ld counsel for the deft no. 3 and 4 submitted to file additional WS in view of the amendment. Granted.
Adj. For hearing of NM 591/18 and Additional WS by Deft no. 3 and 4 on 04/04/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. Muralidharan Present for the Plff.
None Present for the Deft. no. 1 and 2.
Adv. Shankar Mahatre Present for the Deft. no. 3 and 4.
Ld counsel for the Deft no.3 and 4 filed additional WS. t.o.r. copy supplied to Ld counsel for the plff.
Ld counsel for the plff sought time for compliance of order of CS 1620/18 dt. 20/02/2019. Granted.
Adj. for Hearing of NM 591/18 on 24/06/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Adv. Murlidharan for plaintiff present.
None present for D-1 to 4.
Ld. counsel for plaintiff want to withdraw NM No.591/18. In view of said submission NM No.591/18 is disposed off for want of prosecution.
Liberty is granted for taking out no NM without prejudice to the rights of parties.
Matter adjd for steps by plaintiff on 08/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. S. Reddy for plaintiff present.
None present for D-1 and 2.
Adv. Shankar Mhatre for D-3 and 4 present.
Ld. counsel for plaintiff filed registered NM No.2765/19 a/w affidavit. TOR. Copies already served on D-3 and 4.
Exh.6 Service affidavit filed by plaintiff. TOR. As per the acknowledgement and track record D-1 and 2 are duly served. None appeared.
Matter adjd for reply by D-3 and 4 to NM on 20/09/209.
Next Purpose: REPLY
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Adv. Murlidharan for plaintiff present.
None present for D-1 and 2.
Adv. Bhatia for D-3 and 4 present.
On the request of Ld. Counsel for D-3 and 4 time is granted by way of last chance to file reply on NM.
Matter adjd for NM reply on 22/10/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Murlidharan for plaintiff present.
Adv. Mhatre for D-3 and 4 present.
Matter adjd for NM reply on 29/11/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Adv. Murlidharan for plaintiff present.
Adv. Makhija with Adv. Mhatre for defendant No. 3 and 4 present.
Adv.for deft filed affidavit in reply to notice of motion on behalf of deft nos. 3 and 4. read and recorded.
Matter adjd for NM Reply on 17/12/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019
Date: 29-11-2019
Business: Adv. Murlidharan for plaintiff present.
Adv. Makhija with Adv. Mhatre for defendant No. 3 and 4 present.
Adv.for deft filed affidavit in reply to notice of motion on behalf of deft nos. 3 and 4. read and recorded.
Matter adjd for NM Reply on 17/12/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Sai Present for the Plff.
Adv. Mhatre Present for the Deft.
On the oral request of the Ld counsel for the deft matter is adjourned.
Matter adj to 03/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2020
Date: 17-12-2019
Business: Adv. Sai Present for the Plff.
Adv. Mhatre Present for the Deft.
On the oral request of the Ld counsel for the deft matter is adjourned.
Matter adj to 03/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Murlidharan for plaintiff present.
Adv. for deft no. 1 and 2 absent.
Adv. Mhatre for defendant No.3 and 4 present.
Heard argument of plaintiff and Deft no. 3 and 4. Matter keep for order.
Matter adjd for NM Order on 18/01/2020 at 02.45 pm.
Next Purpose: NM ORDERS
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. Ankita Shah for plaintiff present.
Adv. for deft no. 2 and 3 present.
Kb.
Adv for deft no. 2 and 3 filed relevant dates and events statement t.o.r. O-seen.
Court is busy in mediation. Hence adjourned.
Matter adjd for NM Order on 28/01/2020 at 02.45 pm.
Next Purpose: NM ORDERS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Murlidharan for plaintiff present.
Adv. Mhatre for defendant no. 3 and 4 present.
It is mentioned in Para No.16 in say of deft no.2 filed to the NM No.591/18 that, the say of deft no.2 to the NM No.591/18 be treated as written statement to the suit. Hence the say of the deft no. filed to NM No.591/18 is taken on record as written statement of defendant no.2 to the suit.
Exh.07- Written statement of defendant no.2. TOR. O-read and recorded.
F.R.S.R. following order is passed.
ORDER
1. Notice of Motion 2765/19 is hereby rejected.
2. Costs in cause.
Matter adjd for passing order of ex-parte against deft no.1 on 28/02/2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: None for plaintiff
Adv. Makhija for defendant no.3 and 4 present.
Perused record there is no record to show that writ summons are served to defendant no.1. Hence, matter adjourned for service writ of summons to defendant no.1.
Matter adjd for affidavit of service to 27-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: By Praecipe
Adv Murlidhar for plaintiff present.
Adv Shankar Mhatre for defendant no. 3 and 4 present.
Ex.08 Ld Adv for plaintiff filed application to stay order dated 28-01-2020 passed in NM no. 2765/2019 t.o.r. O- Other side to say.
Say filed. Heard both sides.
Order- It is contention of the plaintiff that order passed in the NM no. 2765/2019, dated 28-01-2020 is challenged before the Hon\''ble High Court by filing appeal from order (Stamp) no. 4240/2020 and interim application (Stamp) no. 01/2020 and next date is 18-03-2020. Therefore, the said order be stayed till 18-03-2020. It is contention of defendant advocate that stay application is not maintainable. There is no executable order passed by this court therefore, stay can not be granted as prayed for. Perused order passed in NM No. 2765/2019, dated 28-01-2020. The NM is rejected. Therefore I am opinion that the said order can not be stayed as prayed for as the said order is not executable and the plaintiff has already challenged the said order before Hon\''ble High Court. Hence the application Ex.08 filed by plaintiff to stay the order passed in NM no. 2765/2019, dated 28-01-2020 is hereby rejected.
Matter adjd for service steps against defendant no.1 and filing service affidavit on a fixed date 27-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Chitra Mhaske for plaintiff present and filed affidavit of service. t.o.r.
Adjd for affidavit of service to 03/05/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Board is diacharged. Matter adj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Court is Vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Court is Vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv Ms. Chitra Maske for plff present.
Adv Shankar Mhatre for defendant Nos. 3 and 4 present.
Record shows that service affidavit is already tendered by the plaintiff. However, it is not taken on record. Today it is taken on record ad marked as Exh. 8
Adjd for appearance order on 29.06.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Matter called out at 1.10 pm
Adv Chitra Mhaske I/b Joy Legal for plff present
Adv Shankar Mhatre for Defendant Nos.3 and 4 present
Adv for plff submits that service against def no.1 is complete.
Put up for consideration of service affidavit on next date.
Matter is adjd on 22.08.2022 for appearance
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv Chitra Mhaske for plff present
Adv for defendant No.1 present
Adv Shankar Mhatre for Defendant Nos. 3 and 4 present
Matter is adjd on 17.10.2022 for WS of defendant No.1
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Matter called out at 12.27 pm
Adv Chitra Mhaske for plff present
Adv Megha Jain for defendant No. 1 present
Adv Shankar Mhatre for defendant Nos. 3 and 4 present
Adv for defendant No.1 tendered Vakalatnama t.o.r marked as Exh 9
Adv for defendant No.1 seeks time to file WS. Granted.
Service affidavit Exh 8 shows that defendant No.1 is served with writ of summons in February 2018. There is huge delay. Hence, request is refused. Adv for defendant No.1 submits that she will take out NM.
The copy of order dated 19.08.2022 in AO No. 315/2019, shows that the Hon\''ble High Court has directed this court to decide the suit expeditiously and preferably within a period of one year. Record does not show that writ is received from Hon\''ble High Court. However, in view of the above order, the hearing of the matter is expedited.
Matter is adjd on 15.11.2022 for (WS) Expeditious
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Original High Court Writ ( Time Limit ) a/w true copy of order dated 19.08.2022 is received on 01.11.2022.
Inward No. 12833/22 dated 21.10.2022
H.Ct Writ bearing No. D.D.( A.O.) No. C0722538/2022 dtd 07.10.2022
Appeal From Order No. 315/2021
Interim Application No. 2921/2022
Coram - C. V. Bhadang, J.
Dated - 19.08.2022
PC -
1. The Appeal from order is disposed off. The City Civil Court shall proceed to hear and decide the suit as expeditiously as possible and preferably within a period of one year from the receipt hereof.
2. Parties to co-operate for the time bound disposal of the suit.
3. Pending Civil Application is also disposed off.
In such circumstances, there shall be no order as to costs.
Matter is adjd on 15.11.2022 for H.Ct. Time Bound
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Ms. Chitra Mhaske for plaintiff present.
Adv.Mr. Vedastu Rane h/f Adv Megha Jani for defendant No.1 present.
Advocate for defendant No. 1 tendered application for adjournment t.o.r. and marked as Exh. 10. Order : Plaintiff to file say.
Say filed by ld advocate for plff on application itself.
Heard both sides.
This is a time bound matter. However, in view of due to personal reason of the advocate for defendant No.1, cited for adjourned and the say given by the ld. advocate for plaintiff, short adjournment is granted strictly as a last chance.
Matter Adjd on 02.12.2022 for High Court Expedited.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Matter called out at 11.15 am
None for plff
Adv Megha Jani for defendant No.1 present
Adv Shankar Mhatre for defendant Nos. 3 and 4 present
Adv for defendant No.1 tendered adjournment application t.o.r marked as Exh 11
O- Granted.
Adv for defendant Nos. 3 and 4 tendered draft issues t.o.r
Adv for plff to tender draft issues if any.
Matter is adjd on 21.12.2022 for S.ct H.ct Expedited
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Matter called out at 11.14 am
Adv Chitra Mhaske for plff present
Adv Megha Jani for defendant No.1 present
Adv Rakesh Pande for defendant Nos. 3 and 4 present
Adv for plff tendered draft issues t.o.r.
Adv for defendant No.1 requests to keep back the matter for filing NM.
K.B. L.O. at 12.56 pm
Adv for defendant No.1 tendered draft NM a/w supporting affidavit and WS t.o.r. Leave is granted to register NM. Adv for defendant No.1 submits that unaffirmed copy is served upon adv for plff.
Matter is adjd on 19.01.2023 for Sct.Hct. Expedited
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Matter called out at 11.20 am
Adv. Chitra Mhaske i/b Jay Legal for plff present.
Adv. Megha Jani for defendant No. 1 present
Advocate for deft No.2 absent.
Adv.Shankar Mhatre for defendant No.3 & 4 present.
Advocate for defendant No.1 tendered registered Notice of Motion No. 205 of 2023 along with affidavit. t.o.r
Advocate for plaintiff tendered reply to Notice of Motion No. 205 of 2023 t.o.r. Copy served upon Adv for plaintiff.
Copy of Notice of Motion and reply be served upon Adv for defendant Nos.3 & 4.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv.Chitra for plaintiff present.
Adv.Megha Jani for defendant no. 1 present.
Adv. Rakesh Pande for defendant no. 3 and 4 present.
Heard argument of both sides on notice of motion no. 205/23.
Matter is adjd on 23-02-2023 for High Court time bound.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None present.
Court is busy in hearing argument in SU 306/20 ,SU 472/20 and recording statement u/s 313 of Cr. P.C. in SC 1282/19. Hence, adjourned.
Matter is adjd on 03-03-2023 for order.(S.CT. H. CT. Time bound)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Chitra Mhaske for plaintiff present.
Adv. Rakesh Mhatre h/f Adv. Shankar Mhatre for defendant no. 3 and 4 present.
F.R.S.R. following order is passed on Notice of Motion 205 of 2023:
Order
1. Notice of Motion 205 of 2023 is allowed subject to cost of Rs. 10000/- to be paid to the plaintiff.
2. Defendant no. 1 shall comply the above order of cost within two weeks.
3. Notice of Motion 205 of 2003 is disposed off accordingly.
Matter is adjd on 16-03-2023 for H. CT time bound.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv.Chitra Mhaske for plaintiff present.
Adv.Vedanshu Rane for defendant no. 1 present and complied order dtd. 03/03/2023 in Notice of Motion No. 205/23 by making payment of cost to advocate for plaintiff. Adv. for defendant no. 1 seeks time to file written statement. O- One week time is granted.
As matter is time bound it is made clear that there will be no further extension of time.
Matter is adjd on 24-03-2023 for WS.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. Chitra Mhaske for plaintiff present.
Adv. Rane for defendant No. 1 present and submits that he has tendered WS along with Nm on 21/12/2022.
Adv. Rakesh Pande for defendant No. 3,4 present.
WS of defendant no. 1 is TOR and marked as Exh. 12. O- R and R.
Copy be served upon other side.
Matter is adjd on 10-04-2023 for framing of issues.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Chitra Mhaske for plaintiff present.
Adv. Shankar Mhatre for defendant no. 3,4 present.
Issues framed at Exh. 13
Matter is adjd on 19-04-2023 for R/E.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv.Chita Mhaske for plaintiff present.
Adv. Shankar Mhatre for defendant no. 3 and 4 present.
Adv. for plaintiff tendered list of witnesses. TOR and marked as Exh. 14
She also filed evidence affidavit of PW1. TOR and marked as Exh. 15. O- Put up for verification.
She also filed list of documents. TOR and marked as Exh. 16 O- Defendants to file admission and denials.
Copy served upon other side.
Matter is adjd on 28-04-2023 for admission and denials S.C. Time Bound.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Court is on half day first session leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: PO IS ON LEAVE.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Chitra Mhaske I/b Joy Legal for plaintiff present.
Adv. Megha Jani for defendant no.1 present.
Adv. Rakesh Pande I/b Adv. Shankar Mhatre for defendant no.3 and 4 present.
As Court is busy in final hearing of Suit 541/2022 and dictating Judgment in Suit 4752/2011. Hence, no effective hearing is taken hence board is discharged.
By consent, Matter is adj to 13.7.2023.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ali Abbas Dahiwala a/w Adv.Chitra Mhaske i/b Joy Legal Consultants for plaintiff present. He filed additional affidavit of evidence of Shri.Rajiv Shivkumar Khana T.O.R marked as Exh-15A. Order-Read and recorded.
Adv.Rakesh Pande i/b Shankar Mhatre for defendant Nos.3 and 4 present.
Heard both the sides on marking of documents.
ORDER ON EXHIBIT-16
Considering submission of both the sides and contents of the document and written statements there is substance in submission of Ld.Adv. for the plaintiff that documents at Sr.No.2,3,7,8,12 to 15 are correspondence in between plaintiff and defendant No.2. Defendant No.2 has not denied those documents. Documents at Sr.No.19,21 and 23 are addressed by plaintiff to defendant No.2 and document at Sr.No.20 and 22 is addressed by defendant No.2 to the plaintiff. Hence, aforesaid documents are marked as Exh-17 to 28 respectivally. Except document at Sr.No.8 which is marked as Exh-34 as it was remained to exhibit.
Defendant Nos.3 and 4 admittes documents at Sr.No.1,10,11,17 and 18 hence, are marked as Exh-29 to 33.
It is also submission of Ld.Adv. for the plaintiff that document at Sr.No.4 to 6,9 and 16 are issued by office of the defendant hence those be marked for identification purpose. Hence, marked as Exhibit-35 to 39
Matter is adj to 31/07/2023 for cross examination of the PW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske for plaintiff present.
Adv.Ramesh Lad for defendant No.1 present. He filed adjourment application T.O.R marked as (Exh-40) Order-Other side to say.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant No.3 and 4 present.
Adv. for plaintiff filed say on Exh-40. She has no objection. Hence, Exh-40 is allowed.
Matter is adj to 18/08/2023 for cross examination of PW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske i/b Joy Legal for plaintiff present.
Adv.Ramesh Lad for defendant No.1 present. He filed application to reject affidavit of PW-1 T.O.R marked as Exh-41.
Order-Plaintiff to say.
Adv.Shankar Mhatre for defendant No.3 and 4 present. He filed application to reject affidavit of PW-1 T.O.R marked as Exh-42.
Order-Plaintiff to say.
Adv. for plaintiff seeks time to file reply on Exh-41.
Matter is adj to 29/08/2023 for reply on Exh-41 and Exh-42.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ali Abbas Delhiwala a/w Adv.Chitra Mhaske for plaintiff present. He filed reply on Exh-41 and Exh-42 T.O.R marked as respectivaly Exh-43 and 44
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Matter is adj to 08/09/2023 for hearing on Exh-41 and Exh-42.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ali Abbas Delhiwala a/w Adv.Tripty Kapadia i/b Adv.Joy Legal Consultants for plaintiff present.
Adv.Megha Jani for defendant No.1 present.
Adv.Mr.Jai Jagdish Chhabaria counsel a/w Adv.Adv.Shankar Mhatre for defendant No.3 and 4 present.
Heard both the sides on Exh-41 and Exh-42(For two hours).
Matter is adj to 15/09/2023 for order on Exh-41 and Exh-42
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ali Abbas Delhiwala i/b Adv.Joy Legal Consultants for plaintiff present.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
As court is busy dictating judgment and orders and recording evidence in Sessions Case hence, matter is adj to 16/09/2023 for order on Exh-41 and Exh-42
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal for plaintiff present.
None for defendant.
As court is busy recording evidence is Sessions Case and dictating order in another matters. Hence, matter is adj to 18/09/2023 for order on Exh-41 and Exh-42
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
As court is busy dictating orders in other matters hence matter is adj to 25/09/2023 for order on Exh-41 and Exh-42.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre and Company for defendant Nos.3 and 4 present.
As court is busy in dictating judgment hence, matter is adj to 27/09/2023 for order on Exh-41 and Exh-42.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant No.3 and 4 present.
kept back.
Later on at 11.34am
Adv.Chitra Mhaske for plaintiff present.
As court is busy hearing of and dictating orders in other matters hence, matter is adj to 29/09/2023 for order on Exh-41 and Exh-42
Next Purpose: ORDER
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske for plaintiff present.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Matter is kept back for order on Exh-41 and Exh-42
Later on at 4.57pm
Application Exh-41 and Exh-42 stand rejected.
F.R.S.R
Dictated and pronounced in open court.
Matter is adj to 07/10/2023 for compliance/cross-examination.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv. Tripty M. Kapadia i/b Joy Legal Consultant for plaintiff present.
Adv. Megha Jain for Def. No. 1 present.
Adv. Rakesh Pande i/b Adv. Shankar Mhatre for Def. No. 3 and 4 present.
Plaintiff present.
Matter is adj to 25.10.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
In view of the order Exh-41 and Exh-42 the plaintiff ought to have keep his witness present. However he failed to lead evidence and carry out the amendment hence keep for necessary order.
Later on at 11.44am
Plaintiff present.
Adv.Yashvi Panchal for plaintiff present. She submits that plaintiff has carried out the amendment and she will serve the copy with the defendant.
Adv.Ramesh K.Lad for defendant No.1 present.
Adv.Rakesh Pandey i/b Adv.Shankar Mhatre for defendant No.3 and 4 present.
Matter is adj to 08/11/2023 for cross-examination of plaintiff witness/H.C Expedited.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal a/w Adv.Chitra Mhaske for plaintiff present.
Adv.Ramesh K. Lad for defendant No.1 present. He seeks time to cross examine.
Plaintiff witness is present.
Adv.Rakesh Pandey for defendant No.3 and 4 present.
Considering submission of both the sides defendant No.1 has given last chance to cross examine to plaintiff witness.
Matter is adj to 10/11/2023 for cross examination of plaintiff witness.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske i/b Joy Legal for plaintiff present.
Adv.Sapna Hajare for defendant No.1 present. She filed application Exh-43 to adjourn the matter.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
kept back.
Plaintiff has strong objection to allow the application. On last date defendant No.1 had granted last chance to cross examine to the plaintiffs witness. Today it is submission of Ld.Adv. for defendant No.1 that authorized advocate is in difficulty. Considering submission of both the sides application Exh-43 is allowed subject to the condition that if on next date def.no.1 fails to cross examine plaintiff witness his right to cross examine will be forfeited without further order.
Next date and time is fixed as per request of advocate for defendant No.1.
Matter is adj to 20/11/2023 for cross examination of plaintiff witness at 12.00pm
Later on at 12.05pm
Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske for plaintiff present.
Adv.Megha Jani for defendant No.1 present.
Adv.Rakesh Pande i/b Adv.Shankar Mhaske for defendant Nos.3 and 4 present.
Cross-examination of PW-1 Rajiv S.Khanna is commenced and completed by advocate for defendant No.1.
Matter is adj to 29/11/2023 for cross-examination of PW-1 by advocate for defendant Nos.3 and 4.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal a/w Adv.Chitra Mhaske for plaintiff present.
Adv.Counsel Jai Chabria h/f Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Cross-Examination of PW-1 Rajiv S.Khanna is commenced and completed.
Matter is adj to 08/12/2023 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske i/b Joy Legal for plaintiff present. She filed affidavit of evidence marked as Exh------.
Witness absent.
Adv.Ramesh K.Lad for defendant No.1 present.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
By consent of both the parties next date is fixed.
Matter is adj to 08/01/2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal i/b Joy Legal Consultant for plaintiff present. She filed adjournment application marked as Exh-45
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant present.
By consent of both the parties, matter is adj to 15/01/2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal a/w Adv.Chitra Mhaske i/b Joy Legal Consultant for plaintiff present.
None for defendant Nos.1 and 2.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Defendant No.1 and 2 their advocate absent. Hence their right to cross-examine is hereby forfeited.
Cross-Examination of PW-2 Shri.Sanjeev Khanna commenced and completed by advocate for defendant Nos.3 and 4.
Adv. for plaintiff filed evidence closing pursis marked as Exh-46.
Matter is adj to 25/02/2024 for evidence of defendant.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske i/b Joy Legal for plaintiff present.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Defendant No.1 and 2 absent. They failed to lead evidence hence their right to lead evidence is hereby forfeited.
Adv. for defendant Nos.3 and 4 filed evidence closing marked as Exhibit-47.
Matter is adj to 06/02/2024 for final argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chitra Mhaske i/b Joy Legal for plaintiff present.
Adv.Megha Jani for defendant No.1 present.
Adv.Rakesh Pande for defendant Nos.3 and 4 present.
By consent of both the parties, matter is adj to 12/02/2024 for final argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Counsel Ali Abbas ___ a/w Adv. Tripty Kapdi, Adv. Chitra Mhaske i/b Joy Legal Consultant for plaintiff present.
Adv. Megha Jani for Defendant No. 1 Present.
Adv. Shankar V. Mhatre a/w Mr. Rakesh Pandy and Ms. Shivali S. Mhatre for Defendant Nos. 3 and 4 present.
Pratly Heard Ld. Adv. for plaintiff.
Matter is adj to 15.02.2024 for Argument P. H.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Counsel Ali Abbas Delhiwala with Adv. Chitra Mhaske is present.
Adv. Rakesh Pant a/w Swati Mhatre i/b Adv. Sharda Mhatre is present for Defendant No. 3 and 4.
Heard the Ld. Advocate for the plaintiff.
Matter is adjd. to 20/02/2024 for arguments by defendants.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. Chitra Mhaske for plaintiff present.
Adv.Ms.Shivali Mhatre a/w Adv. Shankar V. Mhatre is present for Defendant No. 3 and 4.
Matter is adj to 28/02/2024 for argument by defendant.
Later on at 11.18am
Adv.Megha Jani for defendant No.1 present.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal i/b Joy Legal for plaintiff present.
Adv.Raj S.M.Satam h/f Adv.Megha Jani for defendant No.1 present. He filed adjournment application marked as Exhibit-48. Order-Last chance is granted to argue the matter.
Adv.Rakesh Pande i/b Adv.Shankar Mhatre and Company for defendant Nos.3 and 4 present.
By consent of both the parties, matter is adj to 06/03/2024 for High Court Time bound matter/argument P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Yashvi Panchal i/b Joy Legal for plaintiff present.
None for defendant.
Defendant failed to argue hence keep for necessary order.
Kept back.
Matter called out at 11.16am
Adv.Yashvi Panchal i/b Joy Legal for plaintiff present.
Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Partly heard Ld.Adv. for the defendants No.3 and 4.
kept back.
Matter called out at 04.19pm
Adv.Yashvi Panchal i/b Joy Legal for plaintiff present.
Adv.Shankar Mhatre for defendant Nos.3 and 4 present.
Heard Ld.Adv. for the defendant Nos.3 and 4.
Matter is adj to 07/03/2024 for argument of defendant Nos.1 and 2
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Kapadia i/b Joy Legal for plaintiff present. She submits that she want to file written notes of argument on next date.
Adv.Megha Jani for defendant Nos.1 present.
Heard Ld.Adv. for defendant No.1.
None for defendant No.2.
Matter is adj to 13/03/2024 for argument in reply/judgment.
Later on
Adv.Rakesh Pandey for defendant Nos.3 and 4 present.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Ali Abbas Delhiwala present for plaintiff. He filed written submission at Exh. 49.
Adv. for defendant no. 2 present. Adv. Rakesh Pande for defendant no. 3 & 4 present.
Adv. Megha Jani for Defendant no. 1 Present.
Heard. Kept for judgement.
Matter is adj to 26-03-2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ms.Tripty M.Kapadia i/b Joy Legal Consultant for plaintiff present.
Adv.Rahul Pande for defendant No.3 and 4 present.
As court is busy hearing of other matters matter is adj to 30/03/2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present.
Adv.Rakesh Pande for defendant Nos.3 and 4 present.
kept back.
Later on at 3.43pm
High Court writ of received from Board Department on 28/03/2024 Inward No.5455. D.D.(AO)No.C0707243 of 2024 dated 18/03/2024, order dated 08/03/2024 in Appeal from order No.315 of 2021 with Interim Application No.2921 of 2020 in Appeal from Order No.315 of 2021.
Honble High Court Justice R.N.Laddha J. passed following order on 08/03/2024.
P.C.
Perused the communication dated 3 February 2024 received from the learned trial Court, Greater Mumbai. For the reasons stated in this communication, further time of six months as requested, is granted to decide Suit No.297/2018.
Suit No.297 of 2018 is dismissed.
Reasons are separately recorded.
Judgment is dictated and pronounced in open court.
Nature Of Disposal: DISMISSED
Disposal Date: 30-03-2024Additional Case Details
Additional Case Details
Filing Number: 100737/2018 Filing Date: 15-01-2018 First Hearing Date: 22nd February 2018 Decision Date: 30th March 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
3Order Details: Order below exhibit Pdf Text: Order below Exh. 41 and 42 1 in Suit No. 297 of 2018 MHCC010006882018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXH. 41 and 42 IN SUIT NO. 297 OF 2018. 1.Induslnd Bank. … Defendant No.1 3.Mr. Prakash V. Makhija. ...Defendant No.3 4.Mr. Srichand Makhija. ...Defendant No.4/ Applicants In the matter of :- M. Rajiv S. Khanna & Ors. ..Plaintiffs. V/s. 1. Induslnd Bank & Ors. ..Defendants. Appearances :-…
Order Details: Order below exhibit Pdf Text: Order below Exh. 41 and 42 1 in Suit No. 297 of 2018 MHCC010006882018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXH. 41 and 42 IN SUIT NO. 297 OF 2018. 1.Induslnd Bank. … Defendant No.1 3.Mr. Prakash V. Makhija. ...Defendant No.3 4.Mr. Srichand Makhija. ...Defendant No.4/ Applicants In the matter of :- M. Rajiv S. Khanna & Ors. ..Plaintiffs. V/s. 1. Induslnd Bank & Ors. ..Defendants. Appearances :-…
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