Meritt TransmissionsVsMukesh Kumar Verma +1 more

Date: 25-02-2020
Business: Adv. Rahul Raut for plaintiff
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Adv. Vilas Tambe for defendant filed Vakalatnama for defendant No.1 and 2.
On the request of defendant time is granted to file written statement.
Adjd for written statement to 26-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 21/10/2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 02.11.2020  for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  09/11/ 2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to   27/11/ 2020 written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19/12/2020  for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2020

Date: 19-12-2020

Date: 11-01-2021
Business: Adv.Kritika Kothari for plaintiff present.
None present for defendant.
On the oral request of Adv.of plaintiff matter adjourned.
Matter adjd to 16.01.2021 for Witness summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv.Ms.Kothari for plaintiff present.
None present for defendant.
KB
LO
Adv.Ms.Kothari for plaintiff present.
None present for defendant.
Matter adjd to 28.01.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present for plaintiff.
Adv.Tejaswini Chavan h/f. Adv.Vilas Tambe for defendant nos.1 and 2 present.
Written statement filed by defendants on 16.03.2020. It was not exhibited on 16.03.2020. It is exhibited today as Exh.6.
Matter adjd to 16.02.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present for plaintiff.
Adv.Mr.Vilas Tambe for defendant present.
Matter adjd to 06.03.2021 for framing of issues.
LO
Adv.Rahul Raut i/b.N.N. Vaishnava and Co. for plaintiff present.
Issues framed, Exh.7
Matter adjd to 06.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None present for plaintiff.
Adv.Vilas Tambe for defendant present.
Defendant has not filed say.
KB
LO
Adv.Vilas Tambe for defendant present and filed application for say over documents, Exh.8 t.o.r. O-filed.
Matter adjd to 15.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv.Rahul Raut for plaintiff present.
None present for defendant.
Ld.Adv. had not filed list of witnesses.
Matter adjd to 17.03.2021 for filing list of witnesses and case management hearing.
LO
Adv.Vilas Tambe for defendant present.
Matter adjd to 17.03.2021 for filing list of witnesses and case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv.Krutika Kothari. for plaintiff present.
Adv.Vilas Tambe for defendant present.
List of witnesses, Exh.9 filed by Adv. of plaintiff t.o.r.
List of witnesses, Exh.10 filed by Adv. of defendant t.o.r.
Heard Ld. Adv. for the plaintiff and the Adv. for defendant about the case management hearing.
Order on Case Management Hearing
     In the present case, the issues are framed in accordance with Order 14 of the Code of Civil Procedure. The parties have tendered their list of witnesses.
     Considering the nature of the suit, the plaintiff is directed to tender the evidence of four witnesses on 01.04.2021 and the defendant is directed to cross-examine two witnesses of the plaintiff on 08.04.2021 and remaining two witnesses on 09.04.2021.
   Further, the defendant is directed to tender its evidence on 12.04.2021 and the plaintiff is directed to cross-examine the defendant witness on 16.04.2021. The plaintiff and defendant are directed to restrict their cross-examination only to the extent of controversy involved in the suit.
     The suit would be further posted for Oral and Written Arguments on 21.04.2021.  The plaintiff and defendant are provided 45 minutes each for their oral arguments. The suit further would be posted for judgment on 26.04.2021.
Matter adjd to 01.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Rahul Raut for plaintiff is present.
Adv. Vikas Tambe for defendant is present.
Ld advocate for plaintiff submit that PW-1 Rakesh Yadav is tested Covid-19 positive. He seeks adjournment.
Matter adjd  to 19/04/2021  for  evidence and modification in case management.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Weekly Off is given to P.O. as per order of Hon\''ble P.J. at 17/04/2021 ( Assignment duties during Covid) hence, matter adjd. to 22/04/2021 for case management hearing
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for plaintiff.
Adv. Vilas S. Tambe for defendant present.
Adjd to 05.05.2021 for modification in case management hrg.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 08.06.2021.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 24.06.21 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 30.6.2021 for Case management hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: None present.
Matter adjd on 30.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv.Ms.Krutika Kothari i/b.N. N.Vaishnava and Co. for plaintiff present.
None present for defendant.
KB
LO at 12.17 pm
Adv.Ms.Krutika Kothari i/b.N. N.Vaishnava and Co. for plaintiff present.
PW-1, Mr.Rakesh Yadav present. He tendered affidavit of evidence, Exh.11. Same is read and recorded on oath.
List of documents filed by Adv.of plaintiff , Exh.12 t.o.r.
PW-2, Mrs.Sanjana Sachin Salvi present. She tendered affidavit of evidence, Exh.13. Same is read and recorded on oath.
The Ld. Adv. for the plaintiff submits that copies of affidavit of evidence of PW-1 and PW-2 alongwith copy of list of documents, Exh.12 are already served on the defendant. She undertake to file the service affidavit in that regard on next date.
Heard Ld. Adv. for the plaintiff on the case management hearing. The Ld.Adv. for the defendant is absent. Already program of case management is scheduled vide order dated 17.03.2021. Due to pandemic and lockdown same was unable to acted upon. Now, Court work is resumed hence, case management hearing is rescheduled as follows -
Order on Case Management Hearing
     In the present case, the issues are framed in accordance with Order 14 of the Code of Civil Procedure. The parties have tendered their list of witnesses.
     Considering the nature of the suit, the plaintiff was directed to tender the evidence of four witnesses, the plaintiff has tendered affidavit of two witnesses today and submitted that the plaintiff is examining only two witnesses. Further scheduled is fixed as follows.
Date
Stage
23.08.2021
Marking of documents and cross-examination of PW-1.
30.08.2021
Cross-examination of PW-2
08.09.2021
Tendering of affidavits of evidence of defendants witnesses.
16.09.2021
Cross-examination of defendants witness by the plaintiff.
23.09.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
29.09.2021
Judgment
Matter adjd to 23.08.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv.Kirtika Kothari i/b.N.N.Vaishnawa and Co. for plaintiff present.
None present for defendant.
KB
LO at 03.25 pm
Adv.Kirtika Kothari i/b.N.N.Vaishnawa and Co. for plaintiff present.
Adv.Vikas Tambe for defendants present.
        The plaintiff wants to file notice of motion for prayer of permission to adduce additional evidence. The plaintiff undertake to serve copy of NM in advance to the defendant.
Matter adjd. to 30.08.2021 for filing NM and reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv.Rahul Raut i/b.N.N.Vaishnawa and Co.for plaintiff present.
Adv.Vilas Tambe for defendant present.
Adv. of plaintiff filed draft notice of motion a/w. affidavit in support.
O-Leave granted to register draft NM.
Copy supplied to otherside. Endorsement to that effect is made by the defendant on NM.
Matter adjd to 17.09.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv.Kirtika Kothari i/b.N.N.Vaishnawa and Co for plaintiff present.
Adv.Vilas Tambe for defendant present.
      The plaintiff tendered registered NM No.1940/2021 a/w. affidavit in support.
Matter adjd to 04.10.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: None present for plaintiff.
Adv. Vilas Tambe present for defendant.
Advocate for defendant filed reply on NM No.1940/21 alongwith its copy. Reply is taken on record marked as Exh.14.
Matter adjd to 21.10.2021 for hearing on NM No.1940/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Ad.Kirtika Kothari i/b.N.N.Vaishnawa and Co.for plaintiff present.
Adv.Vilas Tambe for defendant present.
Heard both the sides on NM No.1940/2021.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.1940/2021 is allowed.
2. The plaintiffs are allowed to file additional affidavit of evidence explaining and correcting the errors occurred in paragraph No.4 of the affidavit of evidence, Exh.11.
3. The plaintiffs are allowed to rearrange the list of documents filed at Exh.12.
4. Costs of this notice of motion shall follow the event.
Matter adjd to 16.11.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv.Kirtika Kothari i/b.N.N.Vaishnawa and Co. for plaintiff present.
Adv.Vilas Tambe for defendants present.
The plaintiff tendered additional affidavit of evidence of Mr.Rakesh Yadav (PW-1), Exh.14. Witness is absent. Keep for affirmation of oath.
Matter adjd to 14.12.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None present for plaintiff.
Adv. Vilas S. Tambe present for defendant.
KB.
Plaintiff absent.
In view of SOP dated 6.1.2022, matter adjd to 01.02.2022 for filing additional evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: None present for plaintiff present.
Adv.Vilas Tambe for defendant present.
In view of SOP dated 06.01.2022, matter adjd to 22.02.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv.Kritika Kothari for plaintiff present.
Adv.Vilas Tambe for defendant present.
PW-1, Rakesh Yadav present. Oath is affirmed. Evidence affidavit read and recorded.
Matter adjd to 02.03.2022 for marking of documents/CMH hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv. Ms. Krutika Kothari i/b N. N. Vaishnawa and co. present for plaintiff.
Adv. Mr. Vilas S. Tambe present for defendant.
The parties have not filed admission and denial. They are directed to comply with the same.
Matter adjd to 22.03.2022 for filing admission and denial/marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: None present for plaintiff.
Adv.Vilas Tambe for defendant present. He filed application for adjournment t.o.r. and marked as Exh.15. O-Last chance granted.
Matter adjd to 20.06.2022 for admission and denial.
                                                                                              Judge
LO at 12.06 pm,
Adv.Kirtika Kothari i/b.N.N.Vaishnawa and Co. for plaintiff present. She filed pursis in respect of admission and denial t.o.r. and marked as Exh.16.
Matter adjd to 20.06.2022 for defendant\''s admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Jasmine Sabharwal present for Plff.
Adv. Vilas Tambe present for Deft.
Deft has not filed admission and denial. Hence suit be proceeded without admission and denial of deft.
Hence adj. For hearing on marking of document and Cross examination of PW-1 on 14/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Rahul Raut for plaintiff present.
Adv. Vilas Tambe for defendant present.
PW-1 Rakesh Ramniklal Yadav present.
Adv. Of  defendant has filed statement of truth at Exh. 17.
Case adjd for marking of documents/cross examination to 18.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Rahul Raut Present for Plff.
Adv. Vilas Tambe Present for Deft.
Deft present.
PW-1 present.
Heard adv of deft on marking of document.
Order passed below Ex.11.
F.R.S.R. Following order passed in chief examination Ex.11.
Ex.18 – Bill no.4710 dt. 30/03/2017.
Ex.19 – Road permit dt.30/03/2017.
Ex.20 -  Office copy of bill no. 5420 dt. 06/09/2017.
Ex.21 – E way bill dt.07/09/2017.
Ex.22 – Motor lorry receipt dt.30/03/2017
Ex.23 – Motor lorry receipt dt.07/09/2017.
Ex.24 – Office copy notice dt. 03/04/2018.
Adj. For Cross examination of PW-1 on 03/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order No.178/2021 dt. 25/08/2022 of Honble Principle Judge and Letter no. X(Gen)-0202/2022/1622 dt. 25.08.2022 of Honble High Court, Bombay, today declared holiday on account of Ganesh Festival.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Aman Prajapati I/b N. N. Vaishanawa and Co Present for Plff.
Adv. Vilas Tambe Present for Deft.
Ex.25- Adv of plff has filed application for marking of document. He is directed to file NM as per BCC Rules.
PW-1 absent.
Adv of plff seeks adjournment for cross examination.
Adj. For Cross examination of PW-1 on 12/10/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Rahul Raut I/b  N. N. Vaishnawa and Co Present for Plff.
Adv. Vilas Tambe Present for Defts.
Adv of plff has filed draft NM along with affidavit for marking of the document. Leave granted to register NM. Copy served to adv of defts.
Adj. For NM returnable on 15/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: None Present for Plff.
Adv. Vilas Tambe Present for Deft.
Plff has not tendered registered NM 3916/22.
Ex.26 – Adv of deft filed application for time to file reply on NM 3916/22. Granted.
Adj. For NM returnable and Reply on NM 3916/22 on 08/12/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: court is on Leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Rahul Raut I/b N. N. Vaishanawa and Co. Present for Plff.
Adv. Vilas Tambe Present for Deft.
Adv of plff tendered registered NM 3916/22 along with affidavit.
Exh.27. Adv of deft no.1 and 2 has filed reply to NM 3916/22. copy served to otherside.
Adj. For Hearing on NM 3916/22 on 17/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Rahul Raut  h/f N. N. Vaishnawa and Co. for plaintiff present.
Adv. Vilas Tambe for Defendant present.
Heard, Advocate of both parties on NM no. 3196/22.
Exh.28 Adv of defendant has filed written notes of argument.
Case adjourned for order on NM no. 3196/22  to 21.02.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv. Jasmin Kaur h/f Adv. N. N. Vaishnawa and Co. Present for Plff.
Adv. Vilas Tambe Present for Deft.
F.R.S.R. following order passed on NM 3916/22.
ORDER
Notice of Motion No.3916 of 2022 is allowed as under.
i.	Power of Attorney dtd.05/02/2016 filed with list Exh.12 is hereby exhibited as Exh.No.29.
ii.	Photocopy of Power of Attorney dtd.27/10/2020 be exhibited after verification from its original.
iii.	Plaintiff is allowed to file certified copy of power of attorney dtd.27/10/2020.
----------------
Case adjourned for verification of POA  and cross-examination of PW-1 to 17/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv. Jasmin Kaur I/b. N.N. Vaishnawa and Co. for plff.present.
Adv. Vilas Tambe for deft.  present.
PW-1 present.
Exh. 30- Adv. of deft. has filed application of adjournment. Adjournment granted subject to cost of Rs. 500/- to be paid to plff.
Case adj. for cross examination of PW-1 and cost to 12.04.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Jasmin Kaur I/b N. N. Vaishanawa and Co. Present for Plff.
Adv. Vilas Tambe Present for Deft.
Adv of plff contended that she has received costs of Rs.500/- from adv of deft as per order dt.17/03/2023.
KB 1.00.
Adv. Raul Raut I/b N. N. Vaishanawa and Co. Present for Plff.
Adv. Vilas Tambe Present for Deft.
Exh.31- Adv of plff has filed certified copy of power of attorney dt.27/10/2020 with list. As per dt.21/02/2023 passed on NM 3916/22 the plff is allowed to file certified copy of Power of attorney dt.27/10/2020. Thus the certified copy of POA filed with list Exh.31 is marked at Exh.32.
Adj. For Cross examination PW-1 on 19/06/2023 at 1.00pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: None for plaintiff.
Adv. Vilas S. Tambe for Deft.present.
PW-1 present.
KB for cross examination.
LO at 1.20 p.m.
Smt. Jasmin Kaur h/f. N. W. Vaishnawa & Co. learned advocate for plaintiff present.
LO at 3.50 pm.
Adv. Vilas S.Tambe for defendant present.
Adv. Rahul Raut for plaintiff present.
PW-1 present.
Oath given to the witness and his cross examination is recorded.
Adjd. to 03.08.2023 for Cross examination of PW-2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-08-2023

Date: 10-07-2023
Business: 10.07.2023
8
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 55/2020
None for plaintiff.
Adv. Vilas S. Tambe for Deft.present.
PW-1 present.
KB for cross examination.
LO at 1.20 p.m.
Smt. Jasmin Kaur h/f. N. W. Vaishnawa & Co. learned advocate for plaintiff present.
LO at 3.50 pm.
Adv. Vilas S.Tambe for defendant present.
Adv. Rahul Raut for plaintiff present.
PW-1 present.
Oath given to the witness and his cross examination is recorded.
Adjd. to 03.08.2023 for Cross examination of PW-2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Adv. Rahul Raut for plaintiff is present.
Adv. Vilas Tambe for defendant is present.
Witness PW-2 is present.
KB
L.O at 01.30 p.m.
Same appearance.
PW-2 is present.
Oath given to the witness.
Cross Examination of PW-2 is completed.
Exh. 33 – Evidence Closing pursis filed by adv. for plaintiff.
Matter is adj for evidence of defendant to 23/08/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Jasmine Kaur for plaintiff is present.
Exh. 34- Adv. Vilas Tambe for def. is present and filed evidence certificate of DW-1. Copy is served on the other side.
DW-1 absent.
Matter is adj for giving oath to the DW-1 and for his cross examination on 16.10.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Adv.Rahul Rawoot i/b N.N co.  for plaintiff is present.
Adv. Ulhas Tambe for def. is present and filed adjournment application for recording evidence. TOR marked as Exh.35  O- Other side to say. Say filed by other side. Heard both sides on Exh. 35.
Order Below Exh. 35
For the reason stated in the adjournment application, adjournment is granted to the defendant as last chance and subject to payment of costs of Rs. 500/-.
Witness PW-1 is absent.
Matter is adj for R/E P.H. to 20/11/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Adv. Jasmine Kaur h/f N.N. Vaishnawa for plaintiff is present.
Adv. Vilas Tambe for def. is present and filed adjournment application for recording evidence.  Taken on record. Marked as Exh. 36. O- Other side to say. Say filed by other side.
Witness PW-1 is absent.
Order Below Exh. 36.
Perused the application and say.  This is the second time the def. has prayed for adjournment.  Matter is pending for cross examination of DW-1 since September 2023. Hence, adjournment granted subject to payment of costs of Rs. 2000/- to the plaintiff.
Matter is adj. for cross examination of DW-1 to 06/12/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv. Rahul Raut for plff present.
Defendant present.
Adv. Vilas Tambe for def. is present.
Ld adv of deft paid costs of Rs. 2000/- to the other side.
Keep back for cross examination.
LO at 1.00 p.m.
Further examination in chief of DW-1 Mukesh Kumar Verma commenced and cross-examination of DW-1 completed below Exh.34.
Exh.37 Evidence closure pursis.
Exh.38 Joint pursis to refer the matter for Mediation.
O- Refer the matter to Judge Mediator.
Matter is adj. for Mediation Report and Written notes of arguments to 16/01/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: P.O is on leave in first session.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Not on Board-Taken on Board.
Today mediation report received from mediation center alongwith report mediator Judge and consent terms as settled.
Taken on record. Marked as Exh.39 colly.
Matter is already adj. to 05/02/2024 for verification of Consent Terms and order on Exh. 39 colly.
Next Purpose: ORDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: HHJ in on leave. Hence adjd. to
Next Purpose: ORDER
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: ORDER
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: None present for plaintiff.
Adv. Vilas Tambe for def. is present and submitted that matter may kindly be kept in Lok-Adalat as the defendant has given the final cheque as agreed to the plaintiff.
KB.. Later on at 12.05 p.m.
Adv. Vilas Tambe for def. is present and none present for plaintiff.
ORDER : Keep the matter in Lok adalat as the parites may finalize their consent terms and the matter may be finally settled.
Matter is adj. for Lok-Adalat to 05/05/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: NOB-TOB
As per the Notice of Maharashtra State Legal Service Authority O.W. No. MSLSA/2024/974 dated 08-04-2024, the Lok-Adalat scheduled is on 05.05.2024 is postponed to 27-07-2024. Hence, this matter also be referred to the Lok-Adalat dated 27-07-2024.
Matter stands adjourned for Lok-Adalat on 27-07-2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Mr. Rakesh Yadav, POA of plaintiff Co. present.
Award Form marked as Exh. 40.
The plaintiff through POA appeared and filed consent terms. The plaintiff wants to withdraw the claim amounting to Rs.4,50,000/-.  In view of consent terms the following order is passed -
The Suit stands withdrawn.
Court fees be refunded as per rules.
No order to costs.
Case paper be sent to record room.
Nature Of Disposal: LOKADALAT
Disposal Date: 27-07-2024

NOTICE OF MOTION/103916/2022
NOTICE OF MOTION/101940/2021

Registration Number: 100055/2020
Transfer Date: 13-03-2020
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 32 -

Filing Number: 114226/2019
Filing Date: 20-12-2019
First Hearing Date: 25th February 2020
Decision Date: 27th July 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE