Date: 31-01-2020
Business: Mentioned by Preciepe.
Adv. SAnjay Manek for plaintiff present and he filed draft N/M alongwith affidavit in support. t.o.r. O-Leave is granted to register.
Adv. Nikhil Rajani i/b V. Deshpande and Co. for deft.1 present.
Exh.1 Plaint.
Exh.2 Vakalatnama of the plff.
Exh.3 Memorandum of address of the plff.
Exh.4 List of documents.
Exh.5 Vakalatnama tendered by adv for deft-1. t.o.r.O- Seen and filed.
Heard arguments.
Ld counsel for the plaintiff pressed for interim protection. Ld counsel for the plaintiff submitted that the plaintiff and his mother has taken loan for Rs.94,50,000/- from defendant no. 1 against the flat premises with insurance premium. As per the arrangement between defendants No. 1 and 2, it was mandatory to take life loan secure policy from defendant No. 2 in the name of mother of the plaintiff is Manjula Thakkar. Defendant no. 2 issued certificate of insurance dated 13.09.2017 in respect of the loan amount of Rs.94,50,000/-. Mother of the plaintiff had expired on 28.06.2018. The Plaintiff paid EMI from July 2018 till September 2019. Defendant No. 1 failed to do any formality to obtain the amount due under the policy. Defendant No. 1 on 6.11.2019 and 7.11.2019 sent two recovery teams consisting of several persons at the residence and office of the plaintiff. They threatened the wife and son of the plaintiff. Therefore, the plaintiff issued the notice dtd 7.11.2019 to defendant no. 1, which the defendant had not replied.
The Ld counsel for defendant No. 1 opposed the prayer for interim protection. He pointed out that the letter of defendant No. 2 annexed by the plaintiff shows that the death claim documents belongs to Manjula Thakkar not of life insured, hence the death claim is not applicable on the said loan account. He would submit that in view of the said communication, the contention of the plaintiff to recover the loan due from the death claim insurance of Manjula Thakkar does not hold good.
At this juncture, it is not expected to go into the validity of the claim and its recovery, if any from the policy of the deceased, if any.
The Ld counsel for defendant no. 1 submitted that defendant no. 1 issued the notice u/s 13 (2) of the SARFESI Act. But the said notice dtd 20.01.2020 had been withdrawn with right to re-initiate the same in future.
It appears from the statement of defendant No. 1 that they wish to take legal recourse for the recovery if any of the loan amount. The apprehension of the plaintiff is based upon the visit of the recovery team of defendant No. 1 at his house and office on 6.11.2019 and 7.11.2019. The plaintiff has issued notice to that effect on 7.11.2019 to defendant No. 1. If the contention in that regard is also considered, it appears that the recovery team threatened the family members of the plaintiff to pay the loan amount. There is nothing to suggest that there was any overt act of the said recovery teams. Be that as it may, the apprehension of the plaintiff is based upon the act of defendant No. 1 dtd 6.11.2019 and 7.11.2019. There is nothing on the record to show that thereafter the agent or any person acting on behalf of defendant no. 1 did any coercive act or threatened the plaintiff and his family members. The suit is filed after the period of more than two and half months of the alleged incidents. The apprehension of the plaintiff that defendant No. 1 would adopt illegal mode for recovery of the loan amount is prima facie at this juncture is not well founded. The incident of 6.11.2019 and 7.11.2019 cannot be at this stage the criteria for considering the prayer for adinterim protection. The plaintiff has not prima facie made out any exigency to exhaust the Judicial Discretion of extending adinterim protection to him. Hence it is expedient to pass the following order.
ORDER
Adinterim relief is rejected.
The matter is adjd for reply and service affidavit to deft no. 2 to 26.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Ashwini Barve for plaintiff present.
Adv. Jyoti Sanap for deft. no.1 present.
Ld. counsel for deft. no.1 seeks time to file W/S and reply to N/M. Granted.
Plaintiff to take steps to serve deft. no.2.
The matter is adjd for filing W/S, reply to N/M by deft. no.1 and service to deft. no.2 to 16.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present and filed registered NM No. 1126/20.
None present for defendant.
Adjourned for NM reply to 26.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for NM hearing to 14/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for filing reply to NM on 21.10.2020.
Next Purpose: REPLY
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties and their advocates absent.
Adjd. for reply to 06.11.2020.
Next Purpose: REPLY
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for filing reply and reply to NM on 10.12.2020.
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM reply to 11.01.2021.
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Sanjay T. Manek for plaintiff, prayed for adjournment to file C/S.
None for defendant
Matter is adjd.to 09-03-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. S. T Manek for plaintiff present and tendered draft Ch/s along with affidavit. Leave is granted to register. Copy served to defe. no. 1.
Adv. Mr. Apurv Kulkarni for defendant no. 1 present prayed for adjournment and file reply on next date.
Matter is adjd. to 19.03.2021 for NM/Ch/s reply.
L.o. at 1.00 p.m. Adv. Bijal Gandhi for def. no. 2 present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Bharati Wadekar for plaintiff, tendered registered Chamber Summons no.560 of 2021.
Adv. Jyoti Sanap for defendant no.1 present.
F.R.S.R. following Order is passed below Ch/s. 560/21.
1. Chamber Summons No.560/21 is allowed.
2. Plaintiff to carry out the amendment within four days from the date of uploading of the order.
3. Defendant no.1 is at liberty to file written statement.
4. Ch/s No. 560/2021 is disposed off.
Matter is adjd.to 15.04.2021 for Compliance, NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: By Preciepe.
Adv. Mr. Sanjay Manek for plaintiff, requested of extension of time for amendment as per order on Ch/s. no. 560/21 dtd. 19.03.2021. Extension of one week from today is granted.
None for defendant.
Matter is already adjd.to 15.04.2021 for compliance
and NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 24.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 19.07.2021 for n/m reply/rejoinder.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None for plaintiff.
Adv. Rupak Sawangikar for Defendant no.1 present.
Adjourned to 13.08.2021 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Sanjay Manek for plaintiff present and filed joint affidavit of service by bailief t.o.r. marked as Exh.6
Adv. Shobha Chavan for defendant no.1 present.
Adv. for plaintiff also filed draft NM with supporting affidavit. Leave is granted to register NM.
Adv. Shobha Chavan for defendant no. 1 sought short adjournment for filing reply to NM.
Adv. Sanjay Manek not pressed NM No. 1126/20 after presenting the fresh Draft NM. Leave is granted to withdraw NM No. 1126/20. It is disposed off.
Matter is adjd.to 20-08-2021 for Filing registered NM
and No Written Statement order against defendants no.
1 and 2.
LO
Adv. Himanshu Shinde for defendant no. 2 present and he
submitted that amended copy of the plaint is not provided
to him by the plaintiff. Submission is taken on record and
necessary order will be passed on next date.
Next Purpose: ORDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: None for plaintiff.
Adv. Nikhil Rajani for defendant no. 1 present and submitted that he received a copy of amended plaint. He further submitted that he is intending to file NM and written statement on subsequent date of hearing. Short date be given in the matter.
Kb
Adv. Sanjay T. Manek for plaintiff present and filed registered NM No. 1784/21 with supporting affidavit t.o.r.. Copy of NM supplied to Adv. for defendants no. 1 and 2.
Adv. Himanshu Sinde for defendant no. 2 present and filed Vakalatnama t.o.r. marked as Exh.7
Copy of the plaint is also supplied to the Adv. for defendant no. 2. Adv. for defendant no. 2 sought time for file written statement. Short date be given in the matter for filing written statement as well as NM Reply.
Ld. Consel Shri Manek for plaintiff submitted that defendant no. 1 should be prevented from taking action till decision in NM. By keeping the accept open for consideration, short date be given for filing reply to the NM.
Matter is adjd.to 08-09-2021 for written statement and
NM Reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. S.P. Manek for plaintiff present.
Adv. Himanshu Shinde for defendant No. 2 present.
Adv. Nikhil Rajani for defendant No. 1 present.
Adv. for defendant No. 1 filed reply to NM t.o.r.
Adv. for defendant No. 1 also filed Written statement t.o.r. In view of directions of Hon\''ble Supreme Court in Suo Moto Writ petition No. 3/2020, written statement is being t.o.r. and exhibited. It is marked as Exh.8
Matter is adjd. to 07.10.2021 for w.s of the defendant No. 2 and rejoinder of NM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Dipti Joshi along with S. T. Manek for plaintiff present and filed rejoinder in NM. t.o.r.
Adv. Shobha Chavan for deft. no. 1present
Adv. Himanshu Shinde for defendant no. 2 present.
Heard Ld. Adv. S. T. Manek for plaintiff and Adv. Himanshu Shinde for defendant no. 2 on NM.
Matter is adjd.to 26-10-2021 for written statement of deft.
no. 2 and hrg of deft no. 1 on NM. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Diti Doshi for plaintiff present.
Adv. Nikhil Rajani along with Adv Jyoti Sanap for defendant no. 1 present.
Heard argument in NM No. 1784/21 Adv. Nikhil Rajani for defendant no. 1.
Matter is adjd.to 08-11-2021 for NM Order. (4.00pm)
LO
Adv. Himanshu Shinde for defendant no. 2 present and filed
written statement t.o.r. and marked as Exh.9
Adv. Himanshu Shinde for deft. no. 2 is directed to file
statement of truth on the next date of hearing.
Next Purpose: NM ORDERS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. S. T. Manek for plaintiff present.
Adv. Jyoti Sanap for defendant no. 1 present.
None for defendant no. 2.
F.R.S.R. following order is passed in N/m No. 1784/21 -
ORDER
1. Notice of Motion no. 1784/2021 is dismissed.
2. The proceeding of N/m No. 1784/21 is closed.
Matter is adjd.to 06-12-2021 for affidavit of
admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. S. T. Manek for plaintiff present.
Adv. Jyoti Sanab for defendant no. 1 present.
Adv. Himanshu Shinde for defendant no. 2 present.
Matter is adjd.to 11-01-2022 for admission/denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Diti Doshi for plaintiff present.
Adv. Jyoti Sanap for defendant no. 1 present and prayed for adjournment – short date be given.
None for defendant no. 2.
Matter is adjd.to 03-02-2022 for admission/denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Diti Doshi for plaintiff present.
Adv. Jyoti Sanap for defendant no. 1 present and prayed for adjournment – short date be given.
Matter is adjd.to 04-03-2022 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Diti Doshi for plaintiff present and received copy of Exh10
Adv. Nikhil Rajani for defendant no. 1 present.
Adv. Shreyashi Panda for defendant no. 2 present and filed admission/denail by way of affidavit t.o.r. and marked as Exh. 10
Matter is adjd.to 06-04-2022 for admission/denial by plaintiff
and defendant no. 1
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. S. T. Manek for plaintiff present and filed affidavit of admission and denial t.o.r. and marked as Exh.11
Adv. Jyoti Sanap for defendant no. 1 present and prayed for adjournment - short date be given.
None for defendant no. 2.
Adv. S. T. Manek for plaintiff for placed on record two copies of Exh. 11 for defendants.
Matter is adjd.to 28-04-2022 for admission/denial by
deft no. 1.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Diti Doshi for plaintiff present.
Adv. Jyoti Sanap for defendant no. 1 present and received copies of Exh. 10 and Exh. 11.
None for defendant no. 2.
Matter is adjd.to 28-06-2022 for filing admission/denial
by deft no. 1 as a last chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Apurva Kulkarni for defendant No. 1 present.
Adv. Diti Joshi for plaintiff present.
Exh- 12 Statement of admission denial filed by defendant. T.O.R. O-Seen copy be served to other side.
Adjd for framing issues to 02/08/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Diti Doshi for plaintiff present.
Exh-13 Issues framed.
Adjd for list of witnesses/filing affidavit of evidence of plaintiff to 17/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Diti Doshi for plaintiff present and seeks time to file evidence.
Plaintiff absent.
None for defendant when called.
Adjd for evidence to 29/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Diti Doshi h/f Adv. S. T. manek for plaintiff present. Plaintiff absent.
Adv. Mr. Apurva Kulkarni for defendant present.
Adjd for filing evidence on next date to 19/09/2022
L.O
Adv. Sanika Kurundwadkar for defendant NO.2 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. S. T. manek along with adv. Diti Doshi for plaintiff present. Plaintiff present.
Adv. Apurva Kulkarni for defendant no. 1 present.
Exh- 14 Affidavit of evidence of Anand Chhganlal Thakkar filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh-15 List of documents. O- Filed
Copy served to other side
Adjd for marking documents/cross examination to 15/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Diti Doshi for plaintiff present. Plaintiff witness is present.
Adv. Shreyashri P. h/f Adv. Sachin Daga for defendant No. 2 present and seeks time to conduct cross examination.
Defendant to conduct cross examination on next date
Adjd for recording evidence to 09/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. S. T. Manek for plaintiff present. Plaintiff present.
Adv Nikhil Rajani for defendant no. 1 present.
Adv. Nitin Kamble for defendant No. 2 present and sought time.
Adjd for making documents/cross examination to 23/01/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Diti Doshi for plaintiff present.
Plaintiff present.
Adv. Apurva Kulkarni for defendant no.1 present.
Adv for defendant sought time for conducting cross of plaintiff. Ld for plaintiff objected. The roznama shows that from 15.11.2022 matter is pending for cross examination. The sufficient opportunity given to the defendant. In the interest of justice last chance is granted to defendant to conduct the cross subject to cost of Rs.500/-
After passing the order Adv. for defendant for tendered Application
Exh.16 - application filed by Adv. for defendant for adjournment. O- Plaintiff to say.
Say filed by plaintiff. O- Heard both sides. Defendant sought adjournment plaintiff is present before court. Hence cost needs to be imposed on defendant. Hence adjournment granted Subject to cost of Rs.500/- to plaintiff as per order passed by this court below roznama.
Case is adjourned for evidence on 31.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Diti Doshi for plaintiff present.
Witness present.
Adv. Apurva Kulkarni for defendant no.1 present.
Cost of Rs.500/- paid to plaintiff by defendant no.1.
kb
Later on at 12.25 pm
Adv Mr. Nitin Kamble for defendant no. 2 present.
Adv Ms. Apurva Kulkarni for deft no. 1 sought time for cross examination.
O- Granted as last chance.
Case is adjourned to 18.04.2023 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Diti Doshi h/f S.T. Manek for plaintiff is present.
Adv for defendant is present.
KB L.O. at 12.19 pm
Adv. Nitin Kamble for defendant no.2 is present.
Adv. Snepy Ambawat for defendant no.1 is present.
Anand Thakkar - plaintiff witness is present.
KB L.O. at 1.08 pm
ld adv for defendant no.1 submitted that sought adjournment. Ld adv for plaintiff no objection. Hence, adjournment granted.
Case is adjourned for cross-examination to 16-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance Ltd.
Plaintiff Anand Thakkar present. His counsel absent.
Adv. Priyanak Shukla present for defendant No.1.
Exh.17- Vakilpatra of defendant No.1.
Roznama Dt. 15.11.2022 shows that, the matter is pending for marking of document and cross-examination. Since then, there is no progress in this suit.
Parties to take step. Else, put for necessary order.
Matter adjourned to 27.07.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance Ltd.
Adv. Sanjay Manek present for plaintiff.
Plaintiff witness absent for examination in chief.
Adv. Priynak Shukla for defendant No.1.
Matter adjourned to 06.09.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance Ltd
Adv. S. T Manek present for plaintiff.
Adv. Priyank Shukla present for defendant No.1.
Matter adjourned to 17.10.2023 for Marking of documents / evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Anand Thakkar V/s Indiabulls
P.O is on leave.
Adv. Reshma Salunke present for plaintiff.
Adv. Divanshu Gupta present for defendant No.1.
Adv. Nitin Kamble present for defendant No.2.
Case adjourned to 08.12.2023 by consent for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance Ltd.
Adv. Shri. S. T. Manek with Ms. Reshma Salunkhe present for plaintiff.
Adv. Priyanshu Shukla present for defendant No. 1.
Adv. Nitin Kamble present for defendant No. 2.
Plaintiff witness Anand Thakkar present.
Exh.18
Loan Sanction Letter Dt. 11.07.2017
Exh.19
Certificate of Insurance Dt. 13.09.2017
Exh. 20
Loan Repayment Schedule Dt. 09.05.2018
Exh. 21
Death Certificate of Manjula Thakkar stating
her date of death as 28.06.2018
Exh. 22
E-mail Dt. 30.08.2018 by defendant No. 2.
Exh. 23
Notice Dt. 07.11.2019 issued by plaintiff to
defendant No. 1.
Art. A
EMI payment statement
Case adjourned to 02.02.2024 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: Anand Chhaganlal Thakkar V/s Indiabulls Housing
Adv. S. T. Manek present for plaintiff.
Adv. Shlok Bodas present for defendant No.1.
Adv. Gayatri Holkar present for defendant No.2.
Exh.24 - Adjournment filed by defendant No.1.
Not objected by plaintiff.
On oral request of both counsels, Suit adjourned to 07.03.2024
Suit adjourned to 07.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Anand Thakkar V/s Indiabulls Housing
Vide Office Circular No.10 / 2024 Dt.29.04.2024, Today 393 Suits are received Suit is received under transfer from Honble Bombay High Court to this Court on 07.03.2024.
Adv. S. T. Manek present for plaintiff.
Plaintiff witness Anand Thakkar present.
Adv. Varad Ozarkar present for defendant.
Suit adjourned to 04.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance
Adv. S T Manek present for plaintiff.
Plaintiff witness Anand Thakkar present.
Adv. Jyotika Raychandani and Adv. Priyank Sharma present for defendant no.1.
Adv. Parampara Mistri present for defendant no.2.
Defendant no.1 is ready to conduct the cross examination.
Defendant no.2 is seeking oral adjournment.
Both defendant to conclude the cross examination on same date i.e. on next date.
Suit adjourned to 13.06.2024 for recording evidence at 15.00 Hrs.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Anand Thakkar V/s Indiabulls housing.
Adv. Reshma Salunke present for plaintiff.
Plaintiff witness Anand Thakkar present.
Adv. Priyank Shukla present for defendant No.1.
Adv. Nitin Kamble present for defendant No.2.
Cross-examination by D2 Bharti Axa is Over.
Suit adjourned to 21.06.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Anand Thakkar Vs. Indiabulls Housing
Adv. Ms. Reshma Salunkhe present for plaintiff.
Adv. Shlok Bodas present for defendant.
Exh.25 - Evidence closure pursis filed by plaintiff.
Defendant to take steps regarding their evidence.
Exh. 26 - Pursis filed by plaintiff seeking soft copies of evidence of PW1.
Order - Allowed.
Suit adjourned to 15.07.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing
Adv. Sanjay T Manek present for plaintiff.
Adv. Shlok Bodas present for defendant no.1.
Adv. Nitin Kamble present for defendant no.2.
Perused roznama dt. 21.06.2024.
On that date, plaintiff had closed his evidence by filing pursis at Exh.25,
Accordingly, Suit ought to have been adjourned for evidence of defendant, but because of typographical error, it was mentioned as, adjourned for arguments.
Parties to note.
Defendant to take steps regarding evidence.
Defendant no.1 is seeking oral adjournment.
Plaintiff submitted no objection.
Suit adjourned to 09.08.2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Anand Chhaganlal Vs Indiabulls Housing Finance Ltd.
Adv. Reshma Salunkhe present for plaintiff.
Adv. Nitin Kamble present for defendant no.2.
Defendant no.1 called but absent.
Defendant no.1 granted last opportunity for evidence.
Else put for evidence of defendant no.2.
Suit adjourned to 03.09.2024 for evidence.
Later on at 12.35 Hrs.
Adv. Shlok Bodas present for defendant no.1.
Exh.27- Draft Notice of motion filed by defendant no.1.
Exh.28- Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Suit adjourned to 03.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. Reshma Salunke present for plaintiff.
Adv. Shlok Bodas present for defendant.
Defendant filed registered copy of NM No. 3518/2024.
Plaintiff to file reply.
Suit adjourned to 21.11.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing
Adv. S T Manek present for plaintiff.
Adv. Shreya Gupte present for defendant no.1.
Adv. Nitin Kamble present for defendant no.2.
Exh.29- Vakilpatra filed by defendant no.1.
Exh.30- Reply filed plaintiff to Notice of Motion.
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 24.01.2025 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Anand Chhaganlal Thakkar Vs Indiabulls Housing Finance
Adv. Ms. Reshman Salunkhe present for plaintiff.
Adv. Shreya Gupte present for defendant No. 1.
Adv. Nitin Kamble present for defendant No. 2.
Plaintiff is seeking oral adjournment for arguments.
Defendants submitted for suitable order.
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 02.04.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. Sanjay T. Manek for plaintiff present.
Adv. Shreya Gupte for defendant present.
KB, Later on at 1.50 pm.
Same apperance for plaintiff and defendant No.1.
Adv. Nitin Kamble for defendant No.2 present.
Ld. advocate appearing for the defendant No.2 is seeking oral adjournment on the ground that he has to take instruction qua argument on NM No.3518/2024.
The suit is of 2020 and is in the targeted cases of the Hon'ble High Court. Hence, the same needs to be decided on top priority. As and by way of last chance, by consent matter stands Adj to 22-04-2025 for argument on NM, if any/necessary order.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: Adv S T Manek a/w Reshma Salunkhe present for plaintiff.
Megha Gupta for respondent no.1 present through VC.
Adv Amol Sharma for defendant no.2 present.
As the Court is busy in dictating judgement in Commercial Summary Suit No. 315/2022 and 448/2022 hence, board is discharged and matter stands adjourned.
Matter stands Adj for Notice of Motion arguments 26-06-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: Adv. S. T. Manesk for plaintiff present.
Adv. Shreya Gupte for defendant no.1 present.
Defendant no.1 has moved Notice of Motion for rejection of plaint and plaintiff has filed reply. Reply of remaining defendants not at all required. So advocate for defendant no.1 to argue on NM on 01.07.2025 otherwise it will be dismissed.
Matter stands adjourned to 01.07.2025 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: Adv. Sanjay Manek for plaintiff present.
Adv. Shreya Gupte for defendant No.1 present through VC.
Adv for the defendant No.1 submit that her senior will be arguing on NM at 03.00 pm. Adv. for the plaintiff submit he is not available in second sessions. So it is agreed that advocate for the plaintiff will be arguing NM in first session and advocate for the defendant No.1 at 03.00 pm.
Kept back for nm argument.
Later on at 12.50 pm
Adv. Sanjay Manek for plaintiff present.
Adv. Shreya Gupte for defendant No.1 present through VC.
Heard advocate for the plaintiff on NM. Advocate for the defendant No.1 to argue on NM at 03.00 pm sharp.
Adv. for the plaintiff has no objection even if argument of defendant No.1 is heard in his absence at 03.00 pm.
Kept back
Later on at 03.20 pm
Adv. Shreya Gupte a/w Adv. Megha Gupta for defendant No.1 present.
Heard the Ld Advocate for the defendant No.1.
Matter stands Adj to 10-07-2025 for order on NM No.3518/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv. Sanjay Manek for plaintiff present through VC.
Adv. Shreya Gupta h/f Indiabulls Housing Finance Ltd. for defendant No.1 present through VC.
Adv. Nitin Kamble h/f Adv. Sachin Daga for defendant No.2 present.
FRSR following order is passed on Notice of Motion No.3518/2024.
ORDER
1. Notice of Motion No. 3518 of 2024 is dismissed.
2. No order as to costs.
3. Order is dictated and pronounced in Open Court.
4. Record of Notice of Motion No. 3518 / 2024 shall be part of main Commercial Suit No. 63 / 2020.
Matter stands Adj to 28-08-2025 for evidence of the defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: Adv. Bharti Wadkar h/f. S. T. Manek for plaintiff present.
Adv. Shreya Gupte i/b Hedgehog and Fox LLP for defendant No.1 present.
Adv. Nitin Kamble for defendant No.2 present.
On previous date NM moved by defendant no.1 vide No.3518/2024 was turned down. Today, suit is for evidence of defendant. Advocate for defendant No.1 submit that short time may be granted for filing evidence affidavit. Submission is accepted and time is granted to tender evidence affidavit on next date without fail.
Matter stands Adj to 16-09-2025 for evidence of defendant No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Reshma Salunkhe i/b S. T. Manek and Co for plaintiff present.
Adv. Pranjali Khemnar for defendant No.1 present.
Exh.31 Evidence affidavit of defendant witness No.1.
O. Read and recorded.
Exh.32 Compilation of documents filed by defendant No.1.
O. Read and recorded.
Copies served on other side.
Matter stands Adj to 27-10-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: Adv. Reshma Salunkhe i/b S. T. Manek and Co. for plaintiff present.
None present for defendant.
Kept back for further examination in chief and marking of documents of defendant.
Court is busy in Judgment Com Suit 213/2023, 156/2022 and order on NM 406/2025, Hence, matter stands Adj to 21-11-2025 for further examination in chief.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: Adv. Reshma Salunkhe i/b S. T. Manek and Co. for plaintiff present.
Adv. Shreya Gupte for defendant No.1 present through VC.
Adv. Shreyashi Panda for defendant No.2 present through VC.
Kept back. Later on at 01.15 pm
Same appearance for plaintiff and defendants.
Plaintiff closed evidence on 21-06-2024. Defendant No.1 fild evidence affidavit at Exh.31 and compilation of documents at Exh.32. For two dates, suit was posted for further examination in chief and marking of documents of defendant No.1. On backdrop of this, Advocate for defendant No.1 filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy is served on plaintiff.
Matter stands Adj to 05-01-2026 for tendering registered NM/ reply by plaintiff on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Adv. Reshma Salunkhe i/b S. T. Manek and Co. for plaintiff present.
Adv. Nishtha Garhwal i/b Hedgehog and Fox LLP for defendant No.1
present.
Adv. Shreyashi Panda for defendant No.2 present through VC.
Advocate for defendant No.1 tendered the registered Notice of Motion No.6833/2025 along with affidavit in support. TOR
Exh.33 Reply to NM No.6833/2025 filed by plaintiff.
Copy is served on defendant No.1.
Matter stands Adj to 12-02-2026 for argument on NM 6833/2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: Adv. Reshma Salunkhe for plaintiff present.
Adv. Pranjali Khemnar for defendant no.1 present through VC.
Advocate for defendant no.1 requested for time to argue NM on reason that defendant no.1 want to move chamber summons for amendment. It a suit of year 2020. Defendant no.1 filed evidence affidavit and compilation of documents on 16.09.2025. It appears defendant no.1 was always aware that original documents are not defendant no.1. defendant no.1 has consumed too much time in taking appropriates steps promptly. Hence, adjournment is granted on cost of Rs. 10,000/- to be paid to plaintiff on or before next date.
Matter stands Adj to 09.03.2026 for compliance.
Later on at 12.05.2026
Adv. Kiran Goswami for defendant no.2 present through VC.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: Adv. Reshma Salunkhe i/b S. T. Manek and Co. for plaintiff p resent.
Adv. Shreya Gupte i/b Hedgehog and Fox LLP for defendant No.1 present.
Defendant No.1 paid costs Rs.10,000/- to advocate for plaintiff.
Matter stands Adj to 09-04-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Adv. Sanjay Manek for plaintiff present.
Adv. Shreya Gupte i/b Hedgehog and Fox for defendant No.1 present.
Advocate for defendant No.1 filed draft Chamber Summons along with supporting affidavit. TOR.
O. Leave is granted to register the same.
Copy be served on other side.
Matter stands Adj to 07-05-2026 for tendering registered Ch/Sum.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: P.O. IS ON LEAVE.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-07-2026
Date: 03-07-2026
Business: Adv. Sanjay Manek for plaintiff present.
Adv. Soumya Udasi for defendant No.1 present and tendered registered Ch/Sum 1128/2026 along with supporting affidavit. TOR.
Adv. Nitin Kamble for defendant No.2 present.
Kept back for order on Ch/Sum and NM.
ORDER IN CHAMBER SUMMONS NO.1128/2026
The chamber summons is filed the defendant No.1 seeking to correct the amount in the examination-in-chief affidavit from Rs.2,63,90,644.97 to Rs.48,39,237.18. By filing reply the same is strongly objected. Heard Adv. Udasi for defendant No.1 and Adv. Manek for plaintiff. According to Adv. Udasi the correction occurred due to typographical mistake which needs to be corrected. Whereas Adv. Manek submitted that by way of the said chamber summons, the defendant No.1 is seeking amendment in the evidence affidavit which is not at all permitted. When query was raised with Adv. Udasi about provision in CPC or in the BSA regarding amendment in the evidence affidavit, she was unable to point out any provision. As per my view there is no any provision in seeking correction/amendment in the evidence affidavit. In Arun Bhika Mahale V/s Ishwarlal Onkar Marathe, 2013/MHLJ Online 44, the Honble High Court at held that in some circumstances where the parties realizes some errors in the affidavit in lieu of examination-in-chief, he is entitled to lead further examination-in-chief or can also filed an affidavit. But the Court can not order deletion of any portion of the said affidavit. In view of the said view, I am of view that the only thing the defendant No.1 can do is filed and additional examination-in-chief affidavit. Therefore, the present chamber summons is devoid of any merit. IN the result I proceed to pass following order.
ORDER
1. The Chamber Summons 1128/2026 is dismissed with costs.
2. The Chamber Summons 1128/2026 is disposed of.
ORDER IN NOTICE OF MOTION NO.6833/2025
The Notice of Motion is filed to lead secondary evidence by relying on the photocopies of the original documents. By filing reply if any strongly objected. Heard Adv. Udasi for defendant No.1 and Adv. Manek for plaintiff. According to Adv. Udasi the defendant NO.1 want to rely on the photocopies of the original made by mechanical process which is mentioned in Exh.8. The same are not with him. Whereas Adv. Manek vehemently opposed the said submission on the ground that the proposed photocopies Exh.8 is not filed along with the Notice of Motion. Therefore, the prayer made in the name is vague and without particular. Before going into the merit of the NM, the question is whether an application /NM is required to lead secondary evidence. On this point, the Honble Bombay High Court in Parasanbai Dhanraj Jai and Ors. vs. Sunanda Madhukar Jadhav, 203-CRA82-16.DOC observed
I have recently set out the law on this and I will say so briefly once again either secondary evidence is led or it is not led. Either the provisions of Section 65 are met or they are not met. No permission of a Court is required to lead evidence of any kind. No judge in the subordinate judiciary to this High Court will hereafter will insist on any such application under any circumstances whatsoever. I do not think I can put it in any clearer terms than this. Any such order is wholly illegal and liable to be set aside. A copy of this order is not to be circulated to every Civil Judge in the State of Maharashtra. There is absolutely no question of an application, whether styled as an interim application or a MARJI application, for permission to lead secondary evidence. The Court cannot refuse that permission, and it cannot insist on an application for any such permission.
Further in Shaikh Aftab Ahmed and ors V/s Bhimrao and ors. (MANU/MH/2743/2021) it was held, that permission to lead secondary evidence without the leave of the court and without an application can be allowed if the same finds place in the pleading or in the evidence. The Honble Apex Court in Dhanpat v/s Sheo Ram (2020) 16 S.C.C 209, held there is no need to file an application to lead secondary evidence if sufficient foundation is led in pleading or in the evidence. If, the observation made in the above referred authorities taken into consideration the practice of insisting applicant to file an application to lead secondary evidence is deprecated. At the most the same can be pleaded in the evidence affidavit under Order 18 of the C.P.C. Considering the same, I am of the view that, the present NM is not tenable. At the most, the defendant No.1 can incorporate the same in his evidence affidavit, if his desire so, in the result, I proceed to following order
ORDER
1. The Notice of Motion 6833/2025 is dismissed with costs.
2. The Notice of Motion 6833/2025 is disposed of.
Matter stands Adj to 18-08-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: Adv. Reshma Salunkhe for plaintiff present.
Adv. Shreya Gupte i/b Hedgehog LLP and Fox for defendant No.1 present through VC and prayed for time to take steps.
O- Time granted.
Matter stands Adj to 22-10-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2026