Order Details: Other Pdf Text: CS No. 100905 / 2021 Anand – Mangamma Issues & CMH (Exh.19) 1 of 2 City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court Commercial Suit No. 100905 / 2021 Anand Shethna Vs. Mangamma Girgani MHCC010006982020 Exhibit No. 19 I S S U E S 1) Does plaintiff prove that, they provided friendly business loan of . 12,70,588 ₹ /- to defendant? 2) Does plaintiff prove that, defendant No.…
Anand Umakant Shethna +1 moreVsSmt. Mangamma Shankaraiah Girgani +1 more
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100905/2021
- Registration Date
- 01 Feb 2020
- Next Hearing Date
- 03 Oct 2026
- Case Stage
- C/S REPLY
Advocates
2For Petitioner
For Respondent
Parties
4Petitioner
Acts & Sections
1Case History / Proceedings
Case History
Date: 26-03-2020
Next Purpose: REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to National Lockdown (Covid-19) matter adjourned
Next Purpose: REPORT
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Adv. Varadkar present for defendant no. 1 and 2 and filed Vakalatnama.
Vakalatnama keep for order.
Adv. for defendant filed draft Notice of motion for condonation of delay.
O-Leave granted to register N/M.
None present for plaintiff.
Matter is adjd for order on Vakalatnama on 12.03.2021.
Next Purpose: ORDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Shrutika Lakhan for plaintiff is present.
Adv. Karadkar for defendant is present.
Adv. for defendant has tendered original registered NM No. 1952/2020.T.O.R.
Order below NM No.1952/2020
Perused the notice of motion which is supported by an affidavit being executed by Mangammashankaraiah Girgani. Heard both the sides. This notice of motion is taken out for condoning the delay of twenty five days in filing V/P. It is a matter of record that the V/P was filed on 01.12.2020 that is during the lock down. Heard Ld. Adv.of both the sides. The reasons as mentioned in Para No.4 to 7 are the satisfactory reasons for condoning the delay in filing the appearance. Moreso, considering the fact that for long period there was lock down due to pandemic, in the interest of Justice the defendants can be permitted to take on record the VP for giving fair opportunity. In the result I pass the following order-
ORDER
Notice of Motion No. 1952/2020 is allowed and made absolute in terms of prayer clause (a). The V/P on record is now marked as Exh.2.
Notice of Motion is disposed of accordingly.
Matter adjd for steps on 30.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 26.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: As per Office Order No.117/2021, Holiday declared on 26.06.2021. Hence matter is adjd to 03.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for taking steps to 24/8/2021.
Judge
LO at 3.00 pm
Plaintiff No.1 Mr. Anand Shethna is present. His adv. is absent. He tendered summons for judgment. Leave granted to register SJ.
The plaintiff to serve copy of SJ to defendant.
Adjd. for service affidavit to 24/8/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Plaintiff No.1 in preson present.
Adv.S.A.Waradkar for defendant No.1 and 2 present.
Plaintiff in person filed original SJ 69/21 t.o.r.
The defendant No.1 and 2 filed affidavit in reply to SJ, Exh.3 t.o.r.
Copy received by the plaintiff. Endorsement to that effect is made on reply.
Matter adjd to 02.09.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Plaintiff present. His Adv. absent.
Adv.S.A.Waradkar for defendant present.
KB
LO at 12.34 pm
Plaintiff present.
Adv.S.A.Waradkar for defendant present.
Plaintiff filed adjournment application, Exh.4 t.o.r.
O-Adjournment granted. Parties to complete their arguments of SJ on next date without fail.
Matter adjd to 24.09.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
Defendant No.1 absent.
Defendant No.2 present. He tendered adjournment application, Exh.5 t.o.r. O-Last chance granted.
Matter adjd to 13.10.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Plaintiff No.1 present.
Adv.for plaintiff absent.
Adv.Mr.S.A. Waradkar for defendants present.
K.B.
LO at 3.00 p.m.
Plaintiff No.1 present. He filed re-joinder in SJ No.69/2021 t.o.r. marked as Exh.06.
The plaintiff undertakes to serve the copy of re-joinder to the defendant.
Matter adjd to 29.10.2021 for argument on SJ and filing of service affidavit of re-joinder.
Next Purpose: REJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.56 am,
Adv.Swapnil Marathe for defendants present.
The defendant submits that copy of rejoinder is not received till today. Read the last roznama in which the plaintiff has submitted that rejoinder will be served to the defendants. Plaintiffs are absent. Copy of rejoinder is also not on record, hence, plaintiff to serve the copy of rejoinder to the defendants before next date well in advance.
Matter adjd to 09.12.2021 for hearing on SJ.
Next Purpose: HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
Adv.S.A.Waradkar present for defendant.
Order : Read the last roznama dtd. 29.10.21 and 13.10.21. Inspite of repeated chances, the plaintiff failed to file rejoinder in S/J.
Hence S/J to proceed without rejoinder.
Matter adjd to 4.01.2022 for S/J. hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Plaintiff in person present.
Adv. S.A.Waradkar for defendant present.
The plaintiff filed adjournment application t.o.r. marked as Exh.7
O-Adjournment granted.
Matter adjd to 03.02.2022 for hrg. on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for hearing of summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv.Bharat Joshi for plaintiff present.
Adv.S.A.Waradkar for defendants present.
The Ld.adv.for the plaintiff submits that he wants to produce additional documents before hearing of SJ. Hence, adjd for hearing of SJ on 15.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present for plaintiff.
Adv. Mr. S. A. Waradkar present for both defendants.
KB
L.O. at 11.58 a.m.
Plaintiff in person present.
Adv. Mr. S. A. Waradkar present for both defendants.
Plaintiff filed application for adjournment. t.o.r. and marked as exh.7.
O- Other side to say. Plaintiff filed reply on application.
Order- Considering the reason last chance is granted in default suit to proceed hearing of SJ.
Matter adjd to 06.04.2022 for filing documents and arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm,
Mr.Ameen Raibakkar, representative of plaintiff is present.
Adv.S.A.Waradkar for defendant No.1 and 2 present.
KB
LO at 01.45 pm,
Mr.Ameen Raibakkar, representative of plaintiff is present.
The plaintiff filed list of documents in summons for judgment t.o.r. and list is marked as Exh.8.
The defendant by handwritten reply on the list has raised objection with respect to the documents at Sr.No.1, 2 and 4 in the said list. List is t.o.r. subject to said objection.
Matter adjd to 26.04.2022 for SJ hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Mr.Ameen Raibakker, representative of plaintiff present.
Defendant No.2 present.
Plaintiff filed compilation of documents which also include say of defendant t.o.r. and marked as Exh.9.
Defendant No.2 filed adjournment application t.o.r. and marked as Exh.10. O-Last chance granted.
Matter adjd to 07.06.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present for both parties.
K.B. L.O.at 1.40 p.m.
None present for plff.
Adv S.A. Waradkar for defts present.
Matter adjd to 02.07.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Plff No.1 in person present.
None Present for Deft.
Plff No.1 contended that, Commercial Suit No.834 of 2021 is pending before CR.No.31 between the same parties and regarding same subject matter. Therefore he is going to file application for transfer of suit before Hon’ble PJ, City Civil Court.
Adj. For hearing on SJ 69/21 on 08/08/2022.
LO 12.00
Adv. Swapnil Wardkar Present for Deft.
Adj. For hearing on SJ 69/21 on 08/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Plff no.1 present.
Adv. S. A. Waradkar Present for Defts.
Ex.11- plff No.1 in person filed application for deleting the name of deft no.2 as he died on 26/07/2022. - Other side to take note. Plff he file separate CS for amendment if any.
Ex.12- plff no.1 in person filed application for adjournment on the ground that transfer application pending before Hon’ble PJ.
Adj. for Hearing of SJ 1020/21 and for LRS / Amendment regarding plff no.2 on 26/09/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Jitendra Ahuja Present for Plff.
Adv. S. A. Waradkar Present for Deft no.1 and 2.
adv of deft contended that the transfer application filed before Hon’ble PJ is pending.
Adj. For Hearing on SJ 69/21 and Lrs /Amendment in respect of plff no.2 on 05/11/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. Jitendra Ahuja h/f Adv. Bharat Joshi Present for Plff.
None Present for Deft.
Adv of plff contended that Transfer Application 135/22 pending before Hon’ble PJ. The said TA on the ground that another suit between same parties is pending before another Court. Hence case be adjourned. Granted.
Adj. For Hearing on SJ 69/21, LR of Plff no.2 and Order from Hon’ble PJ on TA 135/22 on 23/11/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: NOB-TOB.
As per order dt. 11/11/2022 passed by Hon\''ble PJ in Transfer application NO.135/2022 matter is transferred to CR no.31.
Adj. for Hearing on SJ 69/21, LR of Plff no.2 on 23/11/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Matter transferred from C. R no. 32
Adv. Jitendra Ahuja for plaintiff present and 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
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Advocate Mr. Jitendra Ahucha for plaintiff present and sought time for taking steps.
Adv. Mr. Swapnil Varadkar for defendant present.
Case is adjourned for Taking Steps to 25.01.2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Jitendra Ahuja for plaintiff is present and tendered draft Chamber Summons along with affidavit O- Leave granted to register CS.
Copy of CS alongwith affidavit is received from defendants advocate.
Adv Swapnil Waradkar for defendant nos.1 and 2 is present.
Case is adjourned for tendering original registered CS and CS reply to 17-02-2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. Jitendra Ahuja for plaintiff present and tendered registered CHS 207/23.
None for defendant.
Case is adjourned to 05.04.2023 for reply to CHS
Next Purpose: REPLY
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: REPLY
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 reply on 09.06.2023
Next Purpose: REPLY
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Anand Umakant Shethna Vs Smt. 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 to 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.
FRSR following order is passed:
ORDER
1. Chamber Summons No. 100207 / 2023 is allowed.
2. Plaintiff shall carry out necessary amendment within 15 days, from date of this order.
3. Thereafter, defendant will be at liberty to take appropriate steps, as per rules.
4. Cost in cause.
5. Proceeding of Chamber Summons No. 100207 of 2023 is closed.
6. Order dictated and pronounced in open Court.
7. Parties be informed about their right to challenge this Order and period of limitation for the same.
8. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Summons for Judgment, to Record Room.
Matter adjourned to 12.07.2023 for Amendment compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Not on todays board. Taken on todays board.
Exh.14- Chamber Summons No. 207/2023.
Exh.15 - affidavit in support of Chamber Summons.
Matter Already adjourned to 12.07.2023 for Amendment compliance.
Next Purpose: COMPLIANCE
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.
Parties to take steps regarding summons for Judgment.
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: All called, but absent.
Exh.16- Summons for Judgment No. 69/2021 filed by plaintiff (Exhibit marked today).
Exh.17- Affidavit in support of Summons for Judgment No. 69/2021 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. 100069 / 2021 is dismissed.
2. Unconditional Leave is granted to defendants to defend the Suit.
3. Proceeding of Summons for Judgment No. 100069 of 2021 is closed.
4. Order dictated and pronounced in Open Court.
5. Both sides be informed about their right to challenge this Order and period of limitation for the same.
6. The record of Summons for Judgment shall be part and parcel of the main Commercial Suit No. 100069 / 2021.
Matter adjourned to 30.10.2023 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Anand Shethana V/s Mangamma Girgani
Plaintiff Anand present. His counsel absent.
Defendant side called, but absent.
Parties to take steps.
Case adjourned to 07.02.2024 for steps.
Later on at 12.00 Hrs.
Adv. Swapnil Warhadkar present for defendant.
Written Statement filed by defendant.
Order - Other side to say.
Case adjourned to 07.02.2024 for say.
Next Purpose: REPLY
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Anand Shethna V/s Mangamma Girgani
Plaintiff Anand Shethana present. His counsel absent.
Adv. Swapnil Waradkar present with defendants.
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 Shethna V/s Mangamam Girgani
Plaintiff Anand Shethan present. His counsel absent.
Adv. Swapnil Varadkar present for defendant.
Parties to take steps their admission / denial. Else, put for framing of issues.
Suit adjourned to 02.07.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Anand Umakant Shethna Vs Mangamma Shankaraiah
Plaintiff representative Kishor Patel present.
His counsel absent.
Adv. Swapnil Varadkar present for defendants.
Defendant no.2 Mangamma Shankaraiah present.
Suit adjourned to 21.08.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Suit adjourned to 22.08.2024 for framing issues.
Next Purpose: FRAMING ISSUES
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.18- 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.20- 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.21 - Application filed by plaintiff, seeking direction to defendant to supply copy of Written Statement.
Defendant to file reply to Exh.21.
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.21. 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.21 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.21
Today, the ld advocate appearing for the defendants served the copy of written statement upon the Ld advocate for the plaintiff. Hence, application (Exh.21) 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. 608/2026 along with affidavit in support. TOR.
Exh.22. Advocate for defendant filed reply to NM. Copy is served on other side.
Heard both sides on NM No. 608/2026
Order on NM No. 608/2026
Plaintiff moved this Notice of Motion (NM for short) with a prayer to alter or delete issue No.02, 03, 04 and 06 which were framed by the then Presiding Officer on 22.08.2024 vide Exh.19. NM is supported by an affidavit. Defendants filed reply affidavit vide Exh.22. Ld. Advocate for plaintiff submits that, issue No.02 which speaks about letter of acknowledgement and confirmation of dues Dt. 13.09.2019 is not a fact in issue. She further submits that accurate issues are not framed by the then Presiding Officer. So, issue No. 02, 03, 04 and 06 either may be deleted or re-casted.
Per contra, Ld. Advocate for defendants by drawing out attention of this Court towards Para No. 04 of the Plaint submits that, acknowledgement and confirmation of dues Dt. 13.09.2019 is the important part of the pleading on which plaintiff rely. As said fact is disputed, therefore, the then Presiding Officer rightly framed issues and NM being devoid of merit may be rejected.
Considering rival submissions I have gone through pleading of both the parties. In Para No.04 of plaint, it is pleaded that Defendant No.01 signed and executed acknowledgement of dues reflected in the letter of acknowledgement and confirmation of dues Dt. 13.09.2019 for Rs.12,70,588/- in favour of plaintiff. So, it is not a case that without any pleading issue No. 02 in respect of letter of acknowledgement and confirmation of dues is framed by the then Presiding Officer.
Defendants in Para No.09 of written statement specifically denied contention of plaintiff in Para No.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 letter of acknowledgement and confirmation of dues is denied by defendants, so rightly issue No.02 is framed in that regard.
So, far as issue No. 03, 04 and 06 are concerned, those are based on objection raised by defendants about limitation and maintainability of the suit. Issue No.06 is based on para No.06 of written statement. So, the then Presiding Officer has rightly framed all the issues. Hence, there is no case either to delete or re-cast issues. 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. 608/2026 is dismissed.
2) Both parties to bear their own cost.
3) NM No. 608/2026 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.1717/2026 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: 03-10-2026Additional Case Details
Additional Case Details
Filing Number: 100709/2020 Filing Date: 16-01-2020 First Hearing Date: 26th March 2020 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
6Order Details: Other Pdf Text: SJ No.100069 / 2021, Anand - Mangamma Order (Exh.18) 1 of 4 City Civil and Sessions Court, Greater Mumbai Court Room No. 31 (District Judge : Vijay S. Hingne, LL. M.) SJ Filed : 05.08.2021 Arguments Heard : 08.08.2023 Decided on : 30.08.2023 Duration : 02 Y, 26 D MHCC01-005510-2021 Exhibit No. 18 Summons for Judgment No. 100069 / 2021 in Commercial Suit No. 100905 / 2021 Plaintiff : Anand Umakant Shethna VERSUS Defendants 1…
Order Details: Chamber summons Pdf Text: Ch/s No.100207 / 2023, Anand - Mangamma Order (Exh.16) 1 of 3 Chamber Summons No. 100207 / 2023 in Commercial Suit No. 100905 / 2021 MHCC01-001171-2023 Exhibit No. 16 City Civil and Sessions Court, Greater Mumbai Court Room No. 31 (District Judge : Vijay S. Hingne, LL. M.) Plaintiffs : Anand Umakant Shethna + 1 VERSUS Defendants : Smt. Mangamma Shankaraiah Girgani + 1 Appearances Plaintiffs : Adv. Jitendra Ahuja Defendants : Adv. Swapnil…
Order Details: Other Pdf Text: CS No. 100905 / 2021 Anand – Mangamma Issues & CMH (Exh.19) 1 of 2 City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court Commercial Suit No. 100905 / 2021 Anand Shethna Vs. Mangamma Girgani MHCC010006982020 Exhibit No. 19 I S S U E S 1) Does plaintiff prove that, they provided friendly business loan of . 12,70,588 ₹ /- to defendant? 2) Does plaintiff prove that, defendant No.…
Order Details: Other Pdf Text: SJ No.100069 / 2021, Anand - Mangamma Order (Exh.18) 1 of 4 City Civil and Sessions Court, Greater Mumbai Court Room No. 31 (District Judge : Vijay S. Hingne, LL. M.) SJ Filed : 05.08.2021 Arguments Heard : 08.08.2023 Decided on : 30.08.2023 Duration : 02 Y, 26 D MHCC01-005510-2021 Exhibit No. 18 Summons for Judgment No. 100069 / 2021 in Commercial Suit No. 100905 / 2021 Plaintiff : Anand Umakant Shethna VERSUS Defendants 1…
Order Details: Chamber summons Pdf Text: Ch/s No.100207 / 2023, Anand - Mangamma Order (Exh.16) 1 of 3 Chamber Summons No. 100207 / 2023 in Commercial Suit No. 100905 / 2021 MHCC01-001171-2023 Exhibit No. 16 City Civil and Sessions Court, Greater Mumbai Court Room No. 31 (District Judge : Vijay S. Hingne, LL. M.) Plaintiffs : Anand Umakant Shethna + 1 VERSUS Defendants : Smt. Mangamma Shankaraiah Girgani + 1 Appearances Plaintiffs : Adv. Jitendra Ahuja Defendants : Adv. Swapnil…
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