Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff and his advocate absent when called out.
Issue witness summons.
Adjourned for writ of summons on 18.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Zahra Shaikh for plaintiff present.
None for defendant.
Exh. 2 - Service affdavit of bailiff, summons is duely served on defendant. Defendant is failed to appear. Hence, suit to proceed against (ex-parte).
Matter is adjd.to 08-02-2021 for hearing (ex-parte) .
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Chetan Pawar for defendant , submitted VP marked at Exh. 3, prayed for time to proper steps to set aside ex-parte order.
Matter is already adjd.to 08-02-2021 for hearing (ex-
parte) .
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Zehera Shaikh for plaintiff present.
Adv. Charmi Gori for defendant is present.
Exh. 4- Application submitted by plaintiff to set aside order of (ex-parte), copy served to plaintiff.
Matter is adjd.to 15-02-2021 for Reply on Exh. 4.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Mr. Rizvi for plaintiff present.
Adv. Ms. Charmi Gori for defendant, submitted draft NM- Leave is granted to registration. Copy supplied to plff.
Matter is adjd.to 22.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Mr. Rizvi for plaintiff present.
Adv. Mr. Mitesh Jain a/w adv. Jugal Haria for defendant, tendered registered NM no. 455/21.
Plff has submitted reply on NM no. 455/21.
Exh.5- Summons for judgment submitted by plff.
Exh.6- Affidavit in support of summons for judgment.
F.R.S.R the following order is passed on NM no. 455/2021.
ORDER
1. NM no. 455/21 is made absolute. The order dtd. 18.01.2021 is set aside subject to cost of Rs. 500/- (Rupees Five Hundred Onle) be paid to defendant within 4 days.
2. Defendant to submit W.S. positively on next date.
3. NM no. 455/2021 is disposed of accordingly.
Matter is adjd.to 04.03.2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Ms. Zehara Shaikh for plaintiff present.
Adv. Mr.Chetan Pawar for defendant, has paid cost of Rs.500/- to ld adv. for plff., obtained endorsement on order below NM
Copies of documents along-with plaint are handed over to deft. by plff.
Adv. Pawar for deft, prayed for short adjd to file W.S. r/o. 12.03.2021
Matter is adjd.to 12.03.2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Zehra Shaikh for plaintiff present.
Adv. Chetan Pawar for defendant present.
Exh.7- W.S. filed by deft., copy is served to plff.
Matter is adjd.to 01/04/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Zara Shaikh for plaintiff present.
Adv. Ms. Ankita Kurtadkar for defendant present.
Both side as prayed for time to file draft issues.
Matter is adjd.to 01.07.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 03.08.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Zaigam Rizvi for plaintiff present.
None for defendant.
Adv. for the plaintiff advanced argument for re-registration of the suit as summary suit under order 37 of C.P.C..
Adjd to 04-09-2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Both sides absent when matter called out.
Matter is adjd.to 18-09 -2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Zahra Shaikh for plaintiff present.
Matter is adjd.to 27-09-2021 for Order on the
point of re-registration of the suit under order
37 of the C.P.C.
Next Purpose: ORDER
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Zahra Shaikh for plaintiff present and she submitted that argument on the point of re-registration of the suit as a summary suit is already advanced.
None for defendant
Considering submission of Adv. Zahra Shaikh, It appears that Adv. Zaigam Rizvi had made submission regarding re-registration of the suit as a summary suit on 03-08-2021. Record of the case shows that the defendant filed written statement Exh. 7 on 12-03-2021 and matter is fixed for issues. As defense of the defendant has come on record by way of his written statement, it is not possible to follow the procedure under order 37 rule 2 of the C.P.C.. Hence, submission of Adv. for the plaintiff cannot be considered at this stage. Hence, the suit will be tried as per the procedure applicable to commercial suit.
LO
Adv. Zaigam Rizvi appeared and submitted that his suit does not fall under the category of commercial dispute. He further submitted that cheque of Rs. 3,60,000/- is issued and on that basis, the suit is registered as a commercial suit having been above specified value of Rs. 3,00,000/- . According to him, the suit does not come under the ambit of section 2 (c) of the Commercial Courts Act. By stating suit he referred page 16 of the plaint and pointed out the cheque amount.
Considering, submission of Adv. Zaigam Rizvi, the matter is kept for order.
Matter is adjd.to 26-10-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None for plaintiff.
Adv. Dakshata Dagade h/f Adv. Chetan Pawar for defendant present and submitted that prayer of Adv. Zaigam Rizvi is not maintainable and suit be proceeded as per Order 37 of the C.P.C..
Considering rival submissions and contents in the plaint, it is explicit that wife of the plaintiff had advanced huge loan amounts to various commercial enterprises from time to time and the defendant had taken responsibility of repayment. The defendant had issued the cheque for discharging the liability as per his assurance. Document Exh. A (undertaking given by the defendant) demonstrate commercial transaction and issuance of the cheque in the course of the said transaction. Therefore, there is no scope to look after the cheque in isolation in as insisted by Adv. for the plaintiff. Hence, contention of Adv. Zaigam Rizvi is rejected and Suit will be decided by following the procedure applicable to Commercial Suits.
Matter is adjd.to 27-11-2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Zara Shaikh for plaintiff present.
Adv. Chetan Pawar for defendant present.
Matter is adjd.to 08-02-2022 for admission denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Ms. Zara Shaikh for plaintiff present.
None for defendant.
Matter is adjd.to 07-03-2022 for admission and denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Zaigam Rizvi for plaintiff present.
Adv. Dakshata Zagade for defendant present.
The defendant is directed to file admission and denial the next date hearing failing which necessary order will be passed.
Matter is adjd.to 07-04-2022 for filing statement of truth
and admission/denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Zahra Shaikh for plaintiff present.
None for defendant
As the defendant failed to file statement of truth and statement of admission and denial, the suit to proceed without statement of truth and statement of admission and denial by the defendant.
Consequences of non filing of statement of truth and statement of admission and denial will be considered at the relevant stages in the matter.
Matter is adjd.to 28-04-2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Zahara Shaikh for plaintiff present and filed draft issues t.o.r.
None for defendant
Exh. 8 - Issues Framed.
Matter is adjd.to 24-06-2022 for case management
hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None present when called.
Adjd for case management hearing to 07/07/2022
L. O
Adv. Zahra Shaikh for plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None for plaintiff when called.
Adjd for case management hearing to 21/07/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Zaigam Rizvi for plaintiff present.
Exh-9 Adv. for plaintiff tendered case management. T.O.R. O- Seen
Order passed below Exh.9
Following schedule of case management is determined
1.Filing list of witnesses on or before 26/07/2022.
2.Examination-in-chief of plaintiff with original documents on or before 10/08/2022.
3.Marking of documents on or before 15/08/2022.
4.Cross examination of plaintiff on or before 10/08/2022.
5.Evidence of witness of plaintiff on or before 23/08/2022.
6.Evidence of defendant on or before 23/08/2022
7. Cross examination of defendant on or before 29/08/2022
8.Evidence of witness of defendant on or before 06/09/2022
9.Written argument of both sides on or before 13/09/2022
10.Oral argument on or before 17/09/2022
Adjd for list of witness to 26/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Exh- 9 adv. Utpal Thakkar filed undertaking to file vakalatnama for defendants on next date. O- Seen
Adv. Zara Shaikh for plaintiff present.
Exh- 10 List of witness filed by adv. for plaintiff
Adjd for evidence to 10/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Kasim Motorwala for plaintiff present.
Exh-11 Affidavit of evidence of Ram B. Raheja filed. O- Witness is not present. Keep for verification on next date.
Exh- 12 list of documents.
Adv. for plaintiff submitted that plaintiff is hospitalized hence not keeping well.
Adjd for further examination/cross examination to 29/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Kasim Motorwala for plaintiff present.
None for defendant when called.
Adv. for plaintiff submitted that witness is not keeping well hence unable to undergo cross examination.
Exh-13 Application for adjournment of court commissioner to record evidence. O- Defendant to say.
Adjd for evidence to 06/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: None present when called.
Adjd for evidence to 11/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: adv. Kasim Motorwala for plaintiff present and submitted that plaintiff is suffering from illness hence could not attend the court.
None for defendant when called.
Adv. for plaintiff tendered application to grant power of attorney for recording evidence. O- other side to say
Adjd for say on Exh.14/evidence to 30/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: None present when called out.
Adjd to 20.12.2022 for recording evidence.
LO
Adv. Kasim Motorwala for plaintiff present.
None for defendant.
Defendant not filed reply to Exh.14. Hence application Exh.14 to proceed without the say of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Zara Shaikh for plaintiff present and tendered application for production of documents t.o.r. and marked as Exh. 15 O- Defendant to say.
None for defendant when called.
Adjd for say of defendant on Exh.15 to 16/01/2023
Next Purpose: REPLY
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv Zara Shaikh i/b Adv. Zaigam Rizvi for plaintiff is present.
None for defendant.
Defendant not filed say on Exh.15. Hence, application Exh.15 to proceed without the reply of defendant.
Case is adjourned for hearing on Exh.14 and 15 to 15-02-2023.
Next Purpose: HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: CORAM H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv Kasim Motorwala h/f Zaigam Rizvi for plaintiff present.
None for defendant.
Heard Ld. Advocate for the plaintiff on Exh-15.
Order below Exh-15 No say filed by defendant. Hence production of document is allowed.
Exh-16 List of document.
O- Filed.
Case is adjourned on 01.04.2023 for argument on Exh-14.
Next Purpose: HEARING
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Kasim Motorwala for plaintiff present and sought time for hearing. O- time granted.
None for defendant.
Case is adjourned to 28.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Zara Shaikh for plaintiff is present and sought time for hearing. Granted.
None for defendant.
Case is adjourned for hearing to 16-06-2023.
Next Purpose: HEARING
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: P. O. is on leave
Next Purpose: HEARING
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Mr. Ram B. Raheja Vs Arun Jasvantrai Katakia
All called, but absent
Parties to take steps. Else, put for Dismissal order.
Matter adjourned to 01.08.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Mr. Ram B. Raheja Vs Arun Jasvantrai Katakia
Adv. Shri Kasim Motariwala present for plaintiff.
k/b.
Examination-in-chief of plaintiff Ram Raheja is completed.
Defendant side is called, but absent.
Witness is aged 82 years. The defendant has not preferred any adjournment application. Hence, Suit to proceed without cross-examination.
Matter adjourned to 22.08.2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Mr. Ram B. Raheja Vs Arun Jasvantrai Katakia
Adv. Asim Motarwal present for plaintiff.
Defendant side called, but absent.
Exh.17- Evidence closure pursis filed by plaintiff.
Plaintiff is aged 82 years. Defendant to take steps regarding evidence.
Matter adjourned to 05.10.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Mr. Ram B. Raheja Vs Arun Jasvantrai Katakia
Adv. Kasim Motarwala present for plaintiff.
Defendant side called, but absent.
Exh.18 - Application filed by plaintiff for passing no cross Order against defendant.
Perusal shows that, defendant has not filed any evidence till date. Hence, Application at Exh.18 is not maintainable. It is filed.
Perused previous roznama shows that defendant side is continuously absent.
Considering the age of plaintiff as 82 years, evidence of defendant stand closed.
Parteis to argue by next date without fail.
Matter adjourned to 06.11.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Mr. Ram B. Raheja Vs Arun Jasvantrai Katakia
Adv. Kasim Motorwala present for plaintiff.
Exh.19 written arguments filed by plaintiff.
Defendant side called, but absent.
Defendant to take steps if any, else put for necessary orders.
Case adjourned to 19.12.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ram Raheja V/s Arun Katakia
All called, but absent.
Parties to take steps regarding arguments.
Case adjourned to 13.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Ram Raheja V/s Arun Katakia
All called, but absent.
Perused roznama Dt. 01.08.2023. On that day, Ex-parte evidence was recorded and plaintiff had exhibited his documents at Exh.17 to Exh.22. However, inadvertently, those documents were not reflected in roznama of 01.08.2023.
Further, subsequent documents from roznama Dt. 22.08.2023, Dt. 05.10.2023 and Dt. 06.11.2023 were allotted same exhibit as Exh.17, Exh.18 and Exh.19.
To avoid confusion, said mistake requires rectification. Hence, parties to note following exhibits -
Exhibits recorded on 01.08.2023 are as follows -
Exh.17
Original copy of undertaking Dt. 17.03.2009.
Exh.18
Original Cheque No. 000085 Dt. 02.01.2019
for Rs. 3,60,000/-
Exh.19
Original copy of Death Certificate of Sumati
Raheja stating her date of death as 09.09.2017.
Exh.20
Office copy of notice Dt. 10.05.2019 by
plaintiff to defendant.
Exh.21
Unclaimed envelope received from address of
defendant.
Exh.22
Copy of Notice taken out from unclaimed
envelope at Exh. 21.
Subsequent documents with corrected Exhibits, are as follows -
Date
Old
Exhibits
Nature of documents
New
Exhibits
22.08.2023
Exh.17
Evidence closure pursis.
Exh.23
05.10.2023
Exh.18
Application by plaintiff for passing no cross Order against defendant.
Exh.24
06.11.2023
Exh.19
Written arguments by plaintiff.
Exh.25
Parties to note about new exhibits.
Suit adjourned to 15.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Ram Raheja V/s Arun Katakia
All called, but absent.
Suit adjourned to 17.02.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Ram Raheja V/s Arun Katakia
Adv. Kasim Motorwala present for plaintiff.
Defendant side called, but absent.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100418 / 2020, Ram Raheja Vs Arun Katakia is dismissed with cost.
2. Decree be drawn up accordingly.
3. Judgment dictated and pronounced in Open Court.
4. Plaintiff be informed about its right to challenge this Judgment and period of limitation, for the same.
5. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: DISMISSED
Disposal Date: 17-02-2024