Date: 26-03-2020
Next Purpose: REPORT
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: P.O is on leave.
Next Purpose: REPORT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: NOBTOB
By precipe
Adv. Waradkar for defendant present and he filed draft NM alongwith affidavit. t.o.r.
Leave is granted to register NM.
He filed vakalatnama for defendant.
Adjd to 01/04/2021.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Shrutika for plaintiff
Adv. Waradkar for defendant filed registered NM 845/21 @ affidavit. Copy is served to the plaintiff.
Adjd to 07-09-2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Plaintiff present.
Matter is adjd.to 30-09-2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Shrutika Lakhan for plaintiff present and filed affidavit in reply to NM no. 845/21 t.o.r.
She also placed on record copy of reply for the other side.
None for defendant
Matter is adjd.to 18-10-2021 for rejoinder.
LO
Adv. S. A. Waradkar for defendant present and he received copy
of reply to NM.
Next Purpose: REJOINDER
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: REJOINDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None for plaintiff.
Adv. S. A. Waradkar for defendant present and submitted that he is not going to file rejoinder in NM No. 845/21.
Matter is adjd.to 04-01-2022 for NM Hrg (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Plaintiff Anand inperson present and filed adjournment application t.o.r. and marked as Exh.2 - other side to say.
Adv. S. A. Waradkar for defendant present and given say on Exh. 2 .
Heard both sides.
Considering the rising number of COVID patients and ground of adjournment, application Exh. 2 is allowed.
Matter is adjd.to 14-02-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Shrutika Lakhankar for plaintiff present.
Adv Swapnil Waradkar for defendant present.
Heard arguments of both the sides on NM No.845/21
FRSR following order is passed in NM No.845/21-
ORDER
1. Notice of Motion No.845/21 is made absolute in terms
of prayer clause (a) subject to cost of Rs.3,000/- payable
to the plaintiff or learned advocate representing him on
or before the next date of hearing.
2. Vakalatnama filed by Adv. Swapnil Waradkar for Defendants no.1 and 2 be exhibited on payment of costs as above.
3. The proceeding of N/M No.845/2021 is closed.
Matter is adjd.to 07-03-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Plaintiff Anand Umakant Shethna present in person and received cost of Rs. 3,000/- from defendants.
Adv. S. A. Waradkar for defendants present.
Vakalatnama filed Adv. S. A. Waradkar on 15-03-2021 is marked as Exh. 3
With consents of both sides, matter is adjourned to 04-04-2022.
Matter is adjd.to 04-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: (NOB TOB)(By preceipe)
Adv. Shrutika Lakhan for plaintiff present and tendered draft S/J with supporting affidavit t.o.r. and Leave is granted to register the S/J.
Matter is already adjd.to 04-04-2022 for Filing registered
S/J
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 22-04-2022 for rejoinder in S/J and also
filing registered S/J by plaintiff (2.45pm)
Next Purpose: REJOINDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Bharat Joshi for plaintiff present and filed original registered S/J No. 84/22 with supporting affidavit t.o.r.
He also filed rejoinder in S/J No. 84/22. t.o.r.
None for defendant
Adv. Bharat Joshi for plaintiff placed on record copy of rejoinder in S/J No. 84/22 for the defendant .
Matter is adjd.to 28-06-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Intern of adv. for plaintiff present and tendered application for adjournment. It is marked as Exh. 04. Adv. for defendant filed handwritten reply on application Exh. 4 itself. O- In view of say of defendant, adjournment granted.
Adv. S. A. Waradkar for defendant present.
Adjd for SJ hearing to 26/09/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv Jitendra Ahuja for plaintiff
Adv Ramjit Sharma h/f Swapnil Waradkar for defendant present.
Adv for the plaintiff submitted that transferred application is pending. Short adjournment is granted
Adj for S/J Hearing to 23.11.2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Jitendra Ahuja for plaintiff present and is ready to argue matter.
Defendant no. 2 present and sought time.
Adjd for SJ hearing to 08/12/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: None present when called. Both parties are directed to argue SJ on next date.
Adjd for SJ hearing to 21/12/2022
L. O
Adv. Jitendra Ahuja for plaintiff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: CORAM H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Advocate Mr. Jitendra Ahucha for plaintiff present.
Adv. Mr. Swapnil Varadkar for defendant present.
Case is adjourned for Hearing to 25.01.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Jitendra Ahuja for plaintiff is present.
Adv Swapnil Waradkar for defendant nos.1 and 2 is present.
Copy of rejoinder in SJ no. 84/22 is served upon the defendants.
Case is adjourned for SJ hearing to 17-02-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. Jitendra Ahuja for plaintiff present.
None for defendant.
As adv. for defendant is absent matter is adjourned.
Case is adjourned to 05.04.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Jitendra Ahuja for plaintiff present.
Defendant no.2 in person present.
Adv. for defendant absent.
Case is adjourned for SJ hearing on 09.06.2023
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Anand Umakant Shethna VsSmt. Mangamma Shankaraiah Girgani
Adv. Jitendra Ahuja present for plaintiff.
Adv. Swapnil Waradkar present for defendant No. 1 and 2.
Exh.13 – Reply filed by defendant to chamber summons No.207/2023.
Heard both side on Chamber summons.
Matter adjourned 16.06.2023 for order
Next Purpose: ORDER
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: P. O. is on leave
Next Purpose: ORDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Anand Umakant Shethna Vs Smt. Mangamma Shankaraiah Girgani
All called, but absent
Parties to take steps. Else, put for necessary order.
Court busy in hearing and matter pertaining to In-charge Court No.14.
Matter adjourned to 12.07.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Anand Umakant Shethna Vs Smt. Mangamma Shankaraiah Girgani
Plaintiff Anand present. His counsel absent.
Defendant side called, but absent.
In roznama Dt. 09.06.2023, the stage is shown as argument for chs. In fact the matter is pending for Summons for Judgment.
Parties to take steps regarding summons for Judgment.
Parties to note and to take steps accordingly.
Matter adjourned to 08.08.2023 for Summons for Judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Anand Umakant Shethna Vs Smt. Mangamma Shankaraiah
Girgani
Adv. Jitendra Ahuja present for plaintiff.
Adv. S A Varhadkar present for defendant.
Heard arguments of both sides on Summons for Judgment.
Matter adjourned to 29.08.2023 for orders.
Next Purpose: ORDER
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Anand Umakant Shethna Vs Mangamma Shankaraiah Girgani
All called, but absent.
Exh.14- Summons for Judgment No. 84/2022 filed by plaintiff(Exhibit marked today).
Exh.15- Affidavit in support of Summons for Judgment No. 84/2022 filed by plaintiff (Exhibit marked today).
Exh.16- reply filed by defendant to Summons for Judgment No. 84/2022 (Exhibit marked today).
Exh.14- Rejoinder filed by plaintiff to Summons for Judgment No. 84/2022 filed by plaintiff (Exhibit marked today).
Paucity of time with Court.
Matter adjourned to 30.08.2023 for Summons for Judgment order.
Next Purpose: ORDER
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Anand Umakant Shethna Vs Mangamma Shankaraiah Girgani
Adv. Jitendra Ahuja present for plaintiff.
Plaintiff Anand Shethna present.
FRSR following order is passed:
ORDER
1. Summons for Judgment No. 100084 / 2022 is dismissed.
2. Leave is granted to defendants to defend the Suit, subject to payment of ₹. 5,00,000/- (₹.Five Lakhs Only).
3. The defendants shall jointly and severally deposit said amount and shall also file their Written Statement, within 60 days from the date of this Order.
4. After payment of said amount, same be deposited in the Nationalized Bank, as per rules.
5. If defendants fails to deposit said amount within stipulated 60 days, then plaintiff will be entitled to take appropriate steps against the defendants, as per rules.
6. Proceeding of Summons for Judgment No. 100084 of 2022 is closed.
7. Order dictated and pronounced in Open Court.
8. Both sides be informed about their right to challenge this Order and period of limitation for the same.
9. The record of Summons for Judgment shall be part and parcel of the main Commercial Suit No. 100834 / 2021.
Matter adjourned to 30.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Anand Shethana V/s Mangama Girgani
Plaintiff Anand present. His counsel absent.
Defendant side called, but absent.
Parties to take steps.
Later on at 12.00 Hrs.
Adv. Swapnil Warhadkar present for defendant.
Exh.19 - Application filed by defendant for extension of time to deposit the amount.
Written Statement filed by defendant.
Order- Other side to say.
Case adjourned to 07.02.2024 for say.
Next Purpose: FILING SAY
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Anand Shethana V/s Mangamma Girgani
Plaintiff Anand Shethana present. His counsel absent.
Adv. Swapnil Waradkar present with defendants.
Perused record.
Summon for Judgment No. 100084 / 2022 was dismissed on 30.8.2023, granting conditional leave to defendant to defend Suit subject to payment of 5,00,000/- within 60 days.
On 30.10.2023, defendant has filed application at Exh.19, seeking extension of time to deposit the amount.
Court has called say of plaintiff on that application.
Till date, the plaintiff has not filed his reply on Exh.19.
Exh.20 - Application filed by defendant, seeking permission to deposit the amount through Demand Draft.
Defendant submitted that, he has brought Demand Draft of Rs. 5,00,000/- with him.
Plaintiff to file his reply on Exh.19 and Exh.20.
Parties to take steps accordingly.
Suit adjourned to 28.03.2024 for steps.
Next Purpose: REPLY
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Anand Shethana V/s Mangamma Girgani
Plaintiff Anand Shethana present.
Adv. Swapnil Varadkar present with defendant No.2 Shankar Girgani.
Suit adjourned to 13.06.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Anand Shethan V/s Mangamma Girgani
Plaintiff Anand Shethan present. His counsel absent.
Adv. Swapnil Waradkar present for defendant.
Exh.21 - Reply by plaintiff stating that, they do not intend to file reply to application dt. 30.10.2023(Exh.19), filed by the defendant.
Perused order dt. 30.08.2023 from summons for Judgment N. 84 / 2022, whereby leave was granted to the defendant subject to payment of Rs.5,00,000/-, to be deposited within 60 days.
It means, defendant was required to deposit said amount by 30.10.2023.
On 30.10.2023, defendant preferred an application at Exh.19 seeking extension of time.
On 07.02.2024, defendant submitted Demand Draft of Rs.5,00,000/- through application at Exh.20.
Accordingly, both application at Exh.19 and Exh.20 were awaiting for reply of plaintiff.
Today, through Exh.21 plaintiff submitted that, he do not wish to file reply.
Defendant delayed the payment by almost three months.
Considering, peculiar facts, following order is passed -
ORDER
1. Application at Exh.19 and Exh.20 is allowed subject to cost of Rs.10,000/- to be paid to the plaintiff.
2. Defendant should pay the cost and shall file fresh DD by next date, without fail.
Suit adjourned to 02.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Pankaj Aluminium V/s Karuna Cables
Plaintiff representative Kishor Patel present.
His counsel absent.
Adv. Swapnil Varadkar present for defendants.
Defendant no.2 Mangamma Shankaraiah present.
Exh.23- Adjournment application filed by plaintiff.
Object by defendant.
Connected suits pending for compliance from defendant as well as plaintiff. Adjournment allowed.
Parties to take steps.
Exh.23 Pursis filed by defendant regarding compliance of order dt. 13.06.2024. It is accompanied with two Bankers Cheque bearing no. 014525 and 014326 of Rs. 5,00,000/- and 10,000/- respectively.
Office to comply
Suit adjourned to 22.08.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Anand Umakant Shethna Vs Smt. Mangamma
Plaintiff Anand Sethna present.
His counsel absent
Defendant side called, but absent.
Exh.24- Issues and Case Management Hearing Order.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed -
1) Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, Plaintiff, within next 15 days, shall file evidence-affidavits of all witnesses.
3)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 15 days, defendant shall file evidence affidavit of his witnesses, if any.
5)
Thereafter, within next 60 days,plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
6)
Thereafter, parties shall conclude their arguments within 30 days.
7)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Suit adjourned to 26.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Anand Umakant Shethna Vs Smt. Mangamma
Plaintiff Anand Sethna present.
His counsel absent.
Defendant side called, but absent.
Exh.25- List of witness filed by plaintiff.
Parties to comply Order dt. 22.08.2024 regarding Case Management Hearing.
Suit adjourned to 22.10.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Anand Umakant Shethna Vs Smt. Mangamma
Adv. Amin Raybagkker present for plaintiff.
Defendant representative Shankar Girgani present.
His counsel absent.
Parties to take steps regarding evidence.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 19.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2025
Date: 19-01-2025
Business: Matter pertains to Court Room No.31.
Adv. Ameen Raibakkar present for plaintiff.
On 22.10.2024, Suit was adjourned to 19.01.2025.
However, there was holiday on 19.01.2025.
Hence, Suit is taken on board, on immediate next working date i.e. 20.01.2025.
Suit is adjourned to 24.01.2025.
Parties to note.
Suit adjourned to 24.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Anand Umakant Shethna Vs Smt. Mangamma Shankaraiah
Adv. Mohammad Adnan Shemle present for plaintiff.
Plaintiff Anand Shethna present.
Exh.26 - Application filed by plaintiff, seeking direction to defendant to supply copy of Written Statement.
Defendant to file reply to Exh.26.
Parties to take appropriate steps.
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.
Suit adjourned to 20.02.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Adv. Amin Raibagkkar for plaintiff present.
Defendant No.2 Shankaraiah Girgani is present.
Adv. for the defendant absent.
The defendant in person present and informed this court that his advocate in some difficulty. Therefore, matter be adjourned for filing say on Exh.26. The Ld advocate for the plaintiff opposed on the ground that on multiple occasion he sent email to defendant's advocate to serve the copy of written statement. Considering the reason, Matter stands Adj for say on exh.26 as a last chance on 26-03-2025.
Next Purpose: REPLY
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Priya Rombade for plaintiff present.
Adv. Swapnil Waradkar for defendants present.
Order below Exh.26
Today, the ld advocate appearing for the defendants served the copy of written statement upon the Ld advocate for the plaintiff. Hence, application (Exh.26) stands disposed off.
Matter stands Adj for draft issues on 11-06-2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: Court is vacant
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: Adv. Priya Rombade i/b Adv. Bharat Joshi for plaintiff present.
Plaintiff Anand Shethna is present.
Adv. S. A. Waradkar for defendant present.
It appears from record issues are already framed on 22.08.2024 and matter should be for evidence of plaintiff instead of draft issues to be filed by defendant. Hence, put up suit for evidence of plaintiff.
Matter stands Adj to 20-09-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Adv. Priya Rambade i/b Adv. Bharat Joshi for plaintiff present.
Plaintiff Anand Shethna is present.
On the oral request of advocate for plaintiff, matter stands Adj to 28-11-2025 for tendering evidence and compilation of documents.
Later on at 11.30 am
Adv. S. A. Wardadkar for defendants present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Adv. Priya Rombade i/b Adv. Bharat Joshi for plaintiff present.
Plaintiff – Anand Shethna is present.
Adv. Swapnil Waradkar for defendants present.
Advocate for plaintiff proposed to move an application for recasting of issues. However, she is directed to file draft notice of motion in this regard.
Matter stands Adj to 27-01-2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: Adv. Shrutika Lakhan for plaintiff present.
Plaintiff – Anand Shethna is present.
Adv. S. A. Waradkar for defendants present.
Adv. for plaintiff filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy is served on other side.
Matter stands Adj to 07-03-2026 for tendering registered NM and reply by defendants on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-03-2026
Date: 07-03-2026
Business: Adv. Shrutika Lakhan for plaintiff is present.
Adv. S. A. Waradkar for defendant is present.
Advocate for plaintiff tendered registered NM No. 609/2026 along with affidavit in support. TOR.
Exh.27. Advocate for defendant filed reply to NM. Copy is served on other side.
Heard both sides on NM No. 609/2026.
Order on NM No. 609/2026
Plaintiff moved this Notice of Motion (NM for short) with a prayer to alter or delete issue No.02 which was framed by the then Presiding Officer on 22.08.2024 vide Exh.24. NM is supported by an affidavit. Defendants filed reply affidavit vide Exh.27. Ld. Advocate for plaintiff submits that, issue No.02 which speaks about memorandum of understanding 07.02.2013 is not a fact in issue. She further submits that case of plaintiff is based on letter of confirmation. So, issue No. 02 either may be deleted or re-casted. Per contra, Ld. Advocate for defendants by drawing out attention of this Court towards Para No. 02 of the Plaint submits that as per plaintiff memorandum of understanding was executed on 07.02.2013 and thereafter letter of confirmation was executed on 26.09.2019. As said fact is disputed, therefore, the then Presiding Officer rightly framed issue No.02.
Considering rival submissions I have gone through pleading of both the parties. In Para No.02 of plaint, it is pleaded that on 07.02.2013 memorandum of understanding was executed by plaintiff and it was signed by Defendant No.02. Further in Para No.04, plaintiff speaks about letter of confirmation. So, it is not a case that without any pleading issue No. 02 in respect of memorandum of understanding is framed by the then Presiding Officer.
Defendants in Para No.08 of written statement specifically denied contention of plaintiff in Para No.02 and 04. As per Order 14 of the Code of Civil Procedure, a material proposition of fact affirmed by one party and denied by other party leads to framing of an issue. As contention of plaintiff about memorandum of understanding is denied by defendants, so rightly issue No.02 is framed in that regard. Hence, there is no case either to delete or re-cast issue No.02. Grounds in the NM are not satisfactory. This Court is not inclined to accept submissions made by Ld. Advocate of plaintiff. NM is devoid of merit. Hence, following order is passed-
Order
1) NM No. 609/2026 is dismissed.
2) Both parties to bear their own cost.
3) NM No. 609/2026 is disposed-of and it shall form
part of main suit.
Matter stands Adj to 25.04.2026 for filing admission and denial by defendants, if any.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: Adv. Priya Rombade i/b Adv. Bharat Joshi for plaintiff present.
Plaintiff Mr. Anand Shethna is present.
None present for defendant.
Advocate for plaintiff submit that evidence affidavit and compilation of documents is not filed on record and time may be granted till next date to file it. Submission is accepted and time is granted.
Matter stands Adj to 22-06-2026 for filing evidence affidavit and compilation of documents.
Later on at 12.46 pm
Defendant No.2 Shankaraiah Girgani is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: Adv. Priya Rombate i/b Adv. Bharat Joshi for plaintiff present and prayed for time to file evidence affidavit. O- Issues are framed on 22.08.2024. Hence, last chance granted.
Plaintiff present
Adv. S. A. Waradkar for defendants present.
Matter stands Adj to 22-07-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2026
Date: 22-07-2026
Business: Adv. Shrutika Lakhan for plaintiff present and filed draft Chamber Summons along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy be served on other side.
Matter stands Adj to 29-08-2026 for tendering registered Ch/Sum
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: Adv. Shrutika Lakhan for plaintiff present and filed tendered registered Chamber Summons No.1716/2026 along with affidavit in support. TOR
Plaintiff present.
Adv. Swapnil Varadkar for defendant present through VC.
Adv. Lakhan submitted that the copy of chamber summons was served on 28.07.2026 by email to Adv. for defendant. Adv Varadkar submitted that he will check the email and will inform.
Matter stands Adj to 03-10-2026 for reply/argument on Ch/Sum.
Next Purpose: C/S REPLY
Next Hearing Date: 03-10-2026