Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
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: DIRECTIONS
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: DIRECTIONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 15.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
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 25/11/ 2020 for direction
Next Purpose: DIRECTIONS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 14.12.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 13.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Manoj Agave for plaintiff
Affidavit of service of summons filed by Adv.of plaintiff t.o.r.
Defendant not found.
Ld. Adv.seeks time to take steps.
Matter adjd to 27.01.2021 for Taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv.Mr.Girish Kedia for plaintiff present.
None present for defendant.
Application for re-issuance of summons to defendants filed by Adv.of plaintiff, Exh.2 t.o.r.
ORDER BELOW EXH.2
1. Issue fresh writ of summons as prayed.
2. Application Exh.2 stand disposed off.
Matter adjd to 23.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.03.2021 for awaiting report of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present for plaintiff
Adv.Akash Shah present and filed vakalatnama, Exh.3 on behalf of defendant t.o.r. O-filed.
KB
LO
Adv.Akash Shah for defendant present.
Application for extension of time for filing written statement and adjournment, Exh.4 filed by Adv. of deft. t.o.r. O-plaintiff to say.
Matter adjd to 22.03.2021 for say.
Next Purpose: REPLY
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: None present for plaintiff.
Adv.Akash Shah for defendant present.
KB
LO
Adv.Mr.Girish Kedia for plaintiff present.
Say filed by Adv. of plaintiff on Exh.4 itself.
Order on Exh.4-Time granted to file W.S.
Matter adjd to 15.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
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 22.4.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 09.06.2021 for W/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Adv.Manoj Angre for plaintiff present.
None present for defendant.
Affidavit of service of writ of summons, Exh.5 filed by Adv. of plaintiff t.o.r.
Matter adjd to 23.06.2021 for written statement.
LO at 12.04 pm
Adv.Akash Sha for defendant present.
Matter adjd to 23.06.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.59 pm
Adv.Akash Shah for defendant present.
Matter adjd to 26.08.2021 for order against defendant regarding written statement.
Next Purpose: ORDER
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.42 pm
Adv.Akash Shah for defendant present and requested time for filing written statement. Matter adjd for order against written statement for not filing written statement on 21.09.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
Adv.Akash Shah a/w.Adv.Rahul Ubale for defendant present.
Application for adjournment and extension of time to file written statement, Exh.6 filed by Adv. of defendant t.o.r.
O-Otherside to say.
Order on Exh.6- No say filed by the plaintiff. As stated if summons is served on defendant on 06.02.2021, sufficient time is availed. Hence, rejected.
ORDER BELOW EXH.1
The defendant failed to file written statement, suit to proceed without written statement.
Matter adjd to 11.10.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv.Manoj Agre h/f.Adv.Kedia for plaintiff present.
Adv.Akash Shah for defendant present.
KB
LO at
Adv.Manoj Agre h/f.Adv.Kedia for plaintiff present.
Adv.Shrishti Singh h/f.Adv.Akash Shah for defendant present.
The plaintiff tendered affidavit of examination-in-chief a/w. list of document t.o.r. They are marked as Exh.7 and Exh.8 respectively.
The plaintiff also tendered certificate u/S.65B. Same is kept for order.
Copies of evidence, list of documents, and certificate u/S.65B are furnished to the defendant. Endorsement to that effect is made.
PW-1, Deepak Vijay Kedia resumed on S.A.
Matter adjd to 11.11.2021 for exhibition of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv.Manoj Agre h/f.Adv.Girish Kedia for plaintiff present.
Adv.Rahul Ubale h/f.Adv.Akash Shah for defendant present.
The defendant filed draft notice of motion a/w. affidavit in support.
O-Leave granted to register.
Copy of draft NM is received by otherside. Endorsement to that effect is made.
The plaintiff tendered statement of truth, Exh.9 t.o.r.
Copy of statement of truth is received by otherside. Endorsement to that effect is made.
Matter adjd to 03.12.2021 for reply on NM and marking of documents.
Next Purpose: REPLY
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Girish B.Kedia for plaintiff present.
Adv. Rahul Ubale for defendant present.
Plaintiff filed handwritten reply on NM No.2931/21.
Matter adjd to 27.01.2022 for hearing on NM and marking of documents.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv.Ujawala Karpe i/b.Adv.G.B.Kedia for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 15.02.2022 for NM hearing and marking of documents.
Judge
LO at 12.40 pm,
Adv.Ayesha Khatri for defendant present.
Matter adjd to 15.02.2022 for NM hearing and marking of documents.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for plaintiff.
Adv.Akash Shah for defendant present.
Heard the Ld.Adv.of defendant on NM 2931/21. The plaintiff is absent. No argument of the plaintiff. KB for order.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.2931 of 2021 is allowed.
2. Order dated 21.09.2021 directing the suit to proceed without written statement is set aside.
3. The delay in filing written statement is condoned.
4. The defendant is allowed to file the written statement on or before 28.02.2022.
5. Notice of Motion No.2931 of 2021 is disposed of accordingly.
Matter adjd to 28.02.2022 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Manoj Angre present for plaintiff.
Adv. Ayesha Khatri present for defendant.
The defendant filed written statement -t.o.r. marked as Exh.10.
The copy of the same is received by the plaintiff.
Matter adjd to 15/03/2022 for admission and denial/application for summary judgment, if any.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Mr. Manoj G. Agre present for plaintiff.
None present for defendant.
KB
L.O. at 11.54 a.m.
Adv. Mr. Manoj G. Agre present for plaintiff.
Adv. Ayesha Khatri present for defendant.
The plaintiff tendered draft application for summary judgment alongwith affidavit in support. O- Leave granted to register application for summary judgment.
Copy of same is received by the defendant
Matter adjd to 05.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv.Maonj Agre h/f.Adv. Girish Kedia for plaintiff present.
Adv.Ayesha Khatri h/f.Adv.Akash Shah for defendant present.
The plaintiff tendered registered application for summary judgment 07/22 a/w. affidavit t.o.r. Copy of same is received by the deft. on 15.03.2022.
Matter adjd to 21.04.2020 for reply by the deft.
Next Purpose: REPLY
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: N.O.B.T.O.B. (BY APPLICATION)
Adv.Ayesha Khatri for defendant present and filed application for taking case on today\''s board. It is t.o.r. and marked as Exh.11.
O-Allowed.
The Adv. for defendant filed reply to the application for summary judgment. Read the endorsement dated 15.03.2022 about receipt of copy of summary judgment. Therefore, the reply filed is within limitation. Hence, it is t.o.r. and marked as Exh.12.
The defendant to serve the copy of reply to the plaintiff.
Matter already adjd to 21.04.2022. Now it will be for hearing of appln.for Summary Judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv.Ujawala Karpe h/f.Adv.Girish Kedia for plaintiff present.
Adv.Ayesha Khatri h/f.Adv.Akash Shah for defendant present.
The plaintiff today received copy of reply in application for summary judgment.
Matter adjd to 10.06.2022 for hearing of appln.for summary judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv Ujwala Karpe present for plaintiff
Adv Ayesha Khatri present for defendant.
Affidavit in rejoinder filed by plff. Exh.13. Copy served to deft.
Adv for both parties requested for time for hearing on summery judgment.
Matter adjd to 06.07.2022 for hearing
Next Purpose: HEARING
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Ujjawala Karpe Present for Plff.
Adv. Iyesha Khatri Present for Deft.
Ld adv of deft seeks time for argument on SJ. Last chance is granted.
Adj. For Hearing on SJ on 26/07/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Ujjawala Karpe Present for Plff.
Adv. Ayesha Khatri Present for Deft and prayed for adjournment. Gratned.
Adj. For hearing on SJ 07/22 on 05/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Girish Kedia a/w Adv. Ujjwala Karpe Present for Plff.
Adv. Iysha Khatri Present for Deft.
Heard argument adv of plff on Summary Judgment 07/22.
adv of deft seeks time for argument on SJ. Granted.
Adj. For Argument on SJ 07/22 by deft on 23/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Manoj Agare h/f Adv. Girish Kedia Present for Plff.
Adv. Akash Shah a/w Adv. Ayesha Khatri Present for Deft.
Heard argument adv of deft on Summary Judgment 07/22 and reply argument adv of plff and adv of deft.
Adj. For Order on Summary Judgment 07/22 on 07/09/2022.
Next Purpose: ORDER
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Ujjwala Karpe Present for Plff.
Adv. Iyasha Khatri Present for Deft.
F.R.S.R. following order passed in Summary Judgment 07 of 2022.
1. Summary Judgment No.07 of 2022 is disposed of as under.
2. Leave to defend the suit is granted to defendant subject to condition that he shall deposit principal sum of Rs.30,96,690/- within 30 days from the date of this order. If this condition is not complied, the defence of defendant taken in written statement (Exh.10) will be strike out.
Adj. For Compliance on 30/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Manoj Agare h/f Adv. Girish Kedia Present for Plff.
Adv. Ayesha Khatri a/w Adv. Rahul Ubale Present for Deft.
Ex.14. - adv of deft has filed application for extension of time to deposit amount as per order dt.07/09/2022 passed on SJ 07/22. Otherside to say. Adv of deft has filed say overleaf the application and strongly opposed to grant extension. Adv of deft orally submitted that deft released on bail on 20/09/2022 and therefore he require some time to deposit the amount of Rs.30,96,690/-. Considering the ground of extension of time and to have an opportunity last chance granted and time extended till 14/10/2022.
Adj. For Compliance on 14/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Manoj Agare I/b Adv. Girish Kedia Present for Plff.
Adv. Akash Shah Present for Deft.
Ex.15 - Adv of deft has filed application for extension of time of eight weeks for compliance of order dt.07/09/2022. According to deft he released on bail on 20/09/2022. He want to challenge the order dt.07/09/2022 before Hon’ble High Court. Adv of plff has filed say overleaf of this application and thereby strongly opposed the grant extension. Perused the record. As per order dt. 07/09/2022 the deft ought to have deposit the principal sum of Rs.30,96,690/- within 30 days i.e. on or before 07/10/2022. As per order dt. 30/09/2022 the said time was extended till today- 14/10/2022. considering the facts and the grounds mention in this application it is desirable to extend further time of 30 days for compliance of the said order. Hence time extended to comply the order dt. 07/09/2022 till 14/11/2022 as one more last chance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Ujwala Karpe h/f Adv. Girish Kedia Present for Plff.
Adv. Sana Shaikh a/w Pratik Thadani Present for Deft.
Ex.16 - Adv of deft has filed application on behalf of deft that the deft is out of town and therefore VP will be filed on next date and also seeks adjournment. Otherside has given say and thereby given no objection for appointment of new advocate.
The case is for compliance of order dt.07/09/2022. Already on previous date the time was extended to comply order. However deft again seeks time for compliance above said order. There is no reasonable to sufficient ground to extent further time for compliance of the said order. Hence suit be proceeded without WS.
Adj. For Evidence without WS on 07/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Ujwala Karape h/f Adv. Girish Kedia Present for Plff.
Adv. Ms. Sana Shaikh a/w Maaya Updeshe Present for Deft.
Exh.17- VP filed by Adv. Sana Mohd Yusuf Shaikh/ Maaya Updeshe/ Pratik Thadani on behalf of deft.
adv of deft has filed draft NM along with affidavit for setting aside order dt.14/11/2022. Leave granted to register NM. Copy served upon otherside.
Exh.18- adv of plff has filed evidence closure pursis. t.o.r.
Adj. for NM returnable on 31/01/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv. Ujjwala Karpe for plaintiff present.
Adv Sana Sheikh h/f Shalini Sheroin for defendant present.
Adv of defendant has tendered registered NM no. 420/2023.
Exh.19 Adv of plaintiff has filed reply to the notice of Motion. Copy served to otherside.
Case adjd for hearing on NM no. 420/2023 on 22.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Girish Kedia for plff present.
Adv. Kulsum Shah h/f Sana Shaikh for deft. present.
Adv. for defendant seeks adjournment on the ground that advocate on record is not in town and he went to the Honble High Court at Chandigarh. Advocate for plff strongly objected for adjournment. As such to have opportunity adjournment is granted as last chance.
Case adjourned for Hearing on N/M no.420/23 to 08.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Ujawala Karpe i/b Adv. G.B. Kedia for plaintiff present.
Adv. Sana Shaikh for defendant present.
Adv.of both parties seek adjournment on hearing on NM. Adjournment granted.
Case adjd for hearing on NM No. 420/23 to 27.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Ujwala Karpe h/f Adv. G. B. Kedia Present for Plff.
Adv. Kusum Shah I/b Sana Shaikh Present for Deft.
KB 1.00 pm.
Adv. Manoj Agare h/f Adv. G. B. Kedia Present for Plff.
Adv. Sana Shaikh Present for Deft.
adv of deft seeks adjournment on the ground that due to fast of Ramjan she is not able to argue the matter. Adv of plff given no objection. Adjournment granted.
Adj. For Hearing on NM 420/23 on 13/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Girish Kedia Present for Plff.
Adv. Sana Mohd. Shaikh Present for Deft.
Heard argument of adv of both parties on NM 420/23.
Adj. For Order on NM 420/23 on 02/05/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Ujwala Karpe h/f Adv. Girish Kedia Present for Plff.
None Present for Deft.
F.R.S.R. following order passed on NM 420/23
Notice of Motion No.420 of 2023 stands rejected.
Adj. For Evidence without WS on 09/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: 28.06.2023
5
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 422/2020
Adv. Mrudula Karpe h/f Adv. Girish Kedia for plaintiff present.
None present for defendant.
Witness of plaintiff absent.
Adjd. to 26/07/2023 for evidence without WS.
L.O. at 1.20pm
Adv. Sana Shaikh for defendant present.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Girish Kedia for plaintiff is present.
Witness PW-1 Deepak Vijaykumar Kedia is present.
None present for defendant.
KB
L.O at 01.40 p.m.
Same appearance of plaintiff.
Adv. Sana Shaikh for defendant is present.
L.O at 02.45 p.m.
Adv. Girish Kedia for plaintiff is present.
Exh.20- Purchase order dt. 11.04.2019.
Exh.21- Purchase order dt. 22.04.2019.
Exh.22 colly- Invoices dt.11.04.2019 a/w e-Way bill dt.
11.04.2019 a/wtwo delivery challans dt. 11.04.2019.
Exh.23 colly- Invoices dt.22.04.2019 a/w e-Way bill dt. 22.04.2019.
Exh.24 colly - Invoices dt.22.04.2019 a/w e-Way bill dt.22.04.2019 a/w two delivery challans dt. 22.04.2019.
Exh. 25- Ledger account of the defendant dt. 01.04.2019 to 31.03.2020.
Exh. 26 colly – Dishonored Cheque dt. 01.07.2019 along with bank dishonor memo.
Exh. 27 colly - Dishonored Cheque dt. 03.07.2019 a/w dishonor memo.
Exh. 28 colly - Dishonored Cheque dt. 05.07.2019 along with bank dishonor memo.
Exh. 29 colly - Dishonored Cheque dt. 07.07.2019 along with bank dishonor memo.
Exh. 30 colly - Dishonored Cheque dt. 09.07.2019 along with bank dishonor memo.
Exh. 31 colly - Dishonored Cheque dt. 11.07.2019 along with bank dishonor memo.
Exh. 32 colly – Notice dt. 03.09.2019 a/w RPAD receipt and returned postal envelope.
Adv. for defendant absent in the second session.
Therefore, adjourned for cross examination.
Matter is adj for cross examination of PW-1 only on law
point (evidence recorded without WS)to 29/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Adv. Manoj Agre for plaintiff is present.
None present for defendant.
Witness PW-1 is absent.
Matter is adj for cross-examination of PW-1 only on Law point to 15/09/2023.
L.O at 01.35 p.m.
Adv. Sana Shaikh for def. is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv. Manoj Agre for plaintiff is present.
Witness PW-1 is absent.
None present for defendant.
KB..L.O at 3.11pm
None present for Defendant .
The ld. Adv. for plaintiff pointed out that the defendant has not filed written statement on record and the matter has proceeded for evidence without WS.
Order- Today matter is posted for cross examination of PW-1. As the written statement of defendant is not on record therefore, the cross examination was to be made only on law points. The Ld. Adv. of defendant Miss Sana Shaikh was present in the Court at 2.00pm and tried to mention the matter and she was asked to mentioned it in the 2nd session. In the 2nd session none appears for the defendant therefore, no cross examination order is passed against the defendant.
Exh. 23- Evidence closed pursis filed on behalf of plaintiff.
LO 3.33 PM
Adv. Aqsa Kazi h/f Adv. Sana Shaikh for defendant present.She tried to move application for adjournment for cross examination of PW -1 but she informed that the no cross examination order is already passed and the Ld. Adv. for plaintiff has already filed evidence closure pursis at Exh. 23.
Matter is adj for written notes of argument to 11-10-2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Adv. Ujvala Karpe for plaintiff is present.
Exh. 24- Written notes of arguments. TOR. Copy served to the other side.
Adv. Kulsum Shah for def. is present.
KB..L.O at 01.05 p.m.
Adv. Kedia for plaintiff is present.
1. Adv. Suna Shaikh for def. is present and tendered draft NM a/w affidavit in support. Ld adv of def. has not pressed prayer B in the draft NM. O- Leave granted to register it. Copy is served to the other side. Ld. adv of plaintiff has given no objection for allowing prayer A. Therefore, following order is passed on draft NM taken out by the def.
ORDER on Draft NM.
The draft NM for setting aside no cross order dt. 15.09.2023 is hereby allowed. The no cross order dt. 15.09.2023 is hereby set-aside and the def. is permitted to cross examine the PW-1 on the next date only on law points as the Written statement of def was struck off due to non compliance of conditional order passed on Summary Judgment No. 07/2022, dt. 07.09.2022. It is hereby made clear that on the next date both the parties and PW-1 should remain present at 11.00 p.m. sharp. Draft NM disposed off accordingly. It be registered for statistical purposes.
Matter is adj for cross examination of PW-1 to 17/10/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Adv. Shivangi Kedia h/f Adv. Girish Kedia for plaintiff is present.
Adv. Kulsum Shah Adv. Sana Shaikh for def. is present and orally requested to keep back the matter.
Witness PW-1 is present.
KB..L.O at 01.45 p.m.
Adv. Girish Kedia for plaintiff is present.
Adv. Sana Shaikh for def. is present.
Witness PW-1 is present.
Oath is given to the witness in view of order dt. 11.10.2023.
Cross examination of PW-1 is completed.
Adjd. to 10/11/2023 for filing written notes of arguments of def. and final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Adv. Ujwala Karpe h/f Adv. Kedia for plaintiff is present and prayed for adjournment. O- Granted as prayed for.
None present for defendant.
Matter is adj. for argument to 06/12/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Ujwala Karpe I/b Adv. Girish Kedia for plaintiff is present.
Adv. Sana Shaikh for def. is present.
Ld adv of deft seeks time for filing written notes of arguments.
Matter is adj. for Written notes of arguments to 20.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: Adv. Manoj Agre for plaintiff is present.
Adv. Pratik Rane for def. is present.
Matter is adj. for arguments to 03.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv. Ujjwala Karpe h./f Adv. Girish Kedia for plaintiff is present.
None present for deft.
O- Written notes of arguments on behalf of plff are already filed at Exh.33 on 11.10.2023 and the matter is pending since 10.11.2023 for written notes of arguments on behalf of the deft. Hence, to avoid further delay matter shall proceed without written notes of arguments of deft. Put up the matter for final arguments on the next date.
Matter is adj. for final arguments to 22.01.2024.
Judge
LO at 12.25 p.m.
Adv. Smt. Sana Shaikh for defendant present.
Adv. Smt. Ujwala Karpe h/f. Adv. Kedia for plaintiff present.
Learned advocate for the defendant requested that she is ready to file written notes of arguments alongwith case laws.
O- The written notes of arguments and case laws on behalf of defendant are hereby taken on record and marked as Exh.34(Colly.). Copy supplied to the other side.
Matter is adj. for final arguments to 24.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Ujwala Karpe h/f Adv. Kedia for plaintiff is present.
Adv. Sana Shaikh for def. is present.
KB. Later on at 12.05 p.m.
Adv. Kedia for plaintiff is present.
Adv. Sana Shaikh for def. is present.
Heard final arguments of both sides.
Matter is adj. for Citation to 07/02/2024.
Next Purpose: CIATATION
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: CIATATION
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Adv. Kedia for plaintiff is present.
Adv. Kulsum Shah i/b Adv. Sana Shaikh for def. is present and requested for time to file case laws. O-Time granted till tomorrow.
Matter is adj. for citation to 13/02/2024
Next Purpose: CIATATION
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Adv. Ujwala Karpe i/b Adv. Kedia for plaintiff is present.
Adv. Sana Shaikh for def. is present.
Exh.35 - Additional written arguments alongwith citation.
Copy is served to the other side.
Heard ld. Adv of defendant on the case laws relied upon by the defendant.
Matter is adj. for Judgment to 05/03/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv. Ujwala Karpe i/b Adv. Girish Kedia for plaintiff is present.
None present for defendant.
As Court is busy in Judgment of Commercial Suit No. 274/2019 hence, matter is adjourned.
Matter is adj. for Judgment to 18/03/2024.
Later on at 01.05 p.m.
Adv. Kulsum Shah h/f Adv. Sana Shaikh for defendant is present.
Next Purpose: JUDGMENT
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: None present.
As Court is busy in other matters on board hence, matter is adjourned.
Matter is adj. for Judgment to 03/04/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Ujwala Karpe i/b Adv. Girish Kedia for plaintiff is present.
None present for defendant.
Later on at 04.30 p.m.
None present for plaintiff.
Adv. Sana Shaikh for defendant is present and submitted that she want to file case laws if any, of Hon’ble Bombay High Court on the point of bar of suits by unregistered partnership Firm on the basic of Negotiable Instrument i.e. dishonored cheque.
ORDER :- Considering the oral request of ld. Adv of defendant, last chance is granted for filing case laws/citations.
Matter is adj. for citations to 24/04/2024.
Next Purpose: CIATATION
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Adv. Ujvala Karpe i/b Adv. Girish Kedia for plaintiff is present and submitted that matter has been already argued by both the sides and it was posted for Judgment but later on the ld. Adv of defendant appeared in absence of advocvate of plaintiff and sought adjournment to make submissions on case laws. None appears for the defendant therefore, matter may not be adjourned any further for case laws, etc. and it may be kindly posted for Judgment.
Later on at 03.25 p.m.
Adv. Ujvala Karpe i/b Adv. Girish Kedia for plaintiff is present.
Adv. Pratik Thadani h/f Adv. Sana Shaikh for defendant is present and orally requested for adjournment for submissions on case laws. The ld. Adv for plaintiff has strongly objected for adjourning the matter for submissions on case laws.
ORDER : The matter is already finally arged by both the sides and it was posted for Judgment but on the oral request of ld. Adv of defendant, it was adjourned and kept for submissions of citations. Hence, to avoid any further delay, the oral prayer for adjournment is hereby rejected. Put up the matter for Judgment.
Matter is adj. for Judgment to 06/05/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Adv. Ujwala Karpe h/f Adv. Girish Kedia for plaintiff present.
Adv. Sana Shaikh for def. is present and tendered draft NM along with affidavit which has no verification clause, in support of NM.
ORDER : The Ld. Adv of defendant tendered the present draft Notice of Motion for setting aside order dt. 24.04.2024 through which the oral request on behalf of defendant for adjournment for making submissions on case laws, was rejected. Another prayer is for grant of one week to file case laws in the matter. I have perused the previous roznamas. Both the parties were finally heard on 24.01.2024 and matter was posted for citations on 07.02.2024. The Court was on leave on 07.02.2024 therefore, matter was posted to 12.02.2024 for citations. On that day the ld. Adv of defendant orally requested for time to file case laws and she was granted time till 13.02.2024. Thereafter, the ld. Adv of defendant filed additional written arguments at Exh. 35 and was again heard on the case laws and matter was posted for Judgment to 05.03.2024. On 05.03.2024 and 18.03.2024 the Court was busy in other matters therefore, matter was posted for Judgment to 03.04.2024. Again on that day, the ld. Adv of defendant submitted that she want to submit case laws therefore, matter may be adjourned hence, as a last chance matter was adjourned to 24.04.2024 for filing case laws. Again on 24.04.2024 an oral request was made on behalf of defendant for adjournment and time to file case laws. The said oral request was rejected and matter was posted for Judgment today. Today, the ld. Adv of defendant is again praying for adjournment through the present draft Notice of Motion which is tendered only for submitting case laws. From the above facts it appears that the matter is being deliberately prolonged by the defendant under the garb of time for submitting case laws. Besides that, there is no verification clause below the affidavit in support of the draft Notice of Motion. Hence, to avoid any further un-necessary delay, leave is refused to register the present Notice of Motion and the ld. Adv of defendant is directed that if she wants to tender any case laws then she may do so by submitting it across the bar. The draft Notice of Motion is kept on record.
KB for Judgment.
Later on : The Court is busy in other matters on the board and urgent precepice matters i.e. Commercial Suit No. 537 of 2023 and 538 of 2023 hence, put up the matter on Judgment of 08.05.2024.
Matter is adj. for Judgment to 08/05/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: None present for plaintiff and defendant.
Later on at 11.35 a.m.
Adv. Ujwala Karpe h/f Adv. Girish Kedia for plaintiff is present.
Judgment is pronounced in open Court.
Exh. 36 - Judgment.
For the reason separately recorded.
Operative part of Judgment.
1. Commercial Suit No.422 of 2020 is hereby decreed with costs.
2. The defendant is directed to pay to the plaintiff an amount of Rs.32,59,266/-[Rupees Thirty Two Lakhs Fifty Nine Thousand Two Hundred and Sixty Six only] which includes balance principal amount of Rs.30,96,690/- and interest of Rs.1,62,576/- @ 21% p.a. from the due date.
3. The defendant shall also pay further interest @ 21% p.a. on the principal amount of Rs.30,96,690/-(Rupees Thirty Lakhs Ninety Six Thousand Six Hundred Ninety only) from the date of suit till payment or realisation of the entire amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-05-2024