Date: 02-03-2020
Business: Adv. Rupali padgulekar for plaintiff
On her request fresh summons be issued to the defendant.
Adjd for service to 06-04-2020
Next Purpose: SERVICE
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 20/10/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 11/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 07.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 07.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 17.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Vijay Mangarule for plaintiff present.
None present for defendant.
Ld. Adv. seeks time. Time granted to take steps.
Matter adjd to 31.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Vijay Mangrule for plaintiff present.
Adv.for defendant absent.
Await service report.
Matter adjd to 16.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 16-04-2021
Date: 16-04-2021
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 6.5.2021
Next Purpose: REPORT
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 7.7.2021 for report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 23.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 12.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
L.O. at 5.00 p.m.
None present.
Matter is adjd to 31.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv.Vijay Mangarule i/b.Das Associates for plaintiff present.
None present for defendant.
Plaintiff is applying for extension of time for service of writ of summons, hence, keep back.
LO at 12.22 pm
Adv.Vijay Mangarule i/b.Das Associates for plaintiff present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Application for service of writ of summons, Exh.5 filed by Adv. of plaintiff t.o.r. O-Allowed to serve by hand a/w.RPAD.
Matter adjd to 30.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.24 pm
Adv.Prasad Jangam h/f.Das Associates for plaintiff present.
Summons report is awaited.
Matter adjd to 16.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Vijay Mangarule h/f.Das Associates for plaintiff present.
None present for defendant.
On oral request KB for filing affidavit of service.
LO at 01.41 pm,
Adv.Vijay Mangarule h/f.Das Associates for plaintiff present. He submits that original writ of summons is lying in his office, hence, on his oral request matter is adjd for filing affidavit of service on 03.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Po is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv.Vijay Mangarule i/b.Das Associates for plaintiff present.
None present for defendant.
The plaintiff filed application for issuance of fresh suit summons, Exh.6 a/w. affidavit, Exh.7.
O-Issue fresh suit summons on defendant by RPAD.
Matter adjd to 25.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 7/2/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
Affidavit of service not filed. Keep for orders.
Matter adjd to 13.04.2022 for orders.
Next Purpose: ORDER
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Mr.Sadanand Bhadke, representative of plaintiff present.
None present for defendant.
KB
LO at 11.56 am,
Mr.Sadanand Bhadke, representative of plaintiff present.
KB
LO at 12.45 pm,
Adv.Seema Chaubay i/b.Das Associates for plaintiff present.
The plaintiff tendered affidavit of service a/w.two envelopes t.o.r. and marked as Exh.8 (colly.).
The plaintiff tendered original summons t.o.r. and marked as Exh.9.
The plaintiff filed application for paper publication t.o.r. and marked as Exh.10.
Heard.
Following order is passed below Exh.10.
Read the application. Read the service affidavit Exh.8. Allow to serve the suit summons through bailiff.
Matter adjd to 20.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Seema Chaubay present for plff.
None present for deft.
Adv of plff seeks time for filing service affidavit.
Adj. To 16/07/2022 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: None present.
KB. LO 12.20.
Adv. Prasad Jangam Present for Plff.
Awaiting report of service of summons.
Adj. For Service affidavit on 12/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None present.
KB. LO 12.45.
Adv. Namita Niak I/b Das Associates Present for Plff.
Service report is awaited.
Adj. for Service affidavit on 07/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Prasad Jangam Present for Plff and seeks time to file service affidavit. Granted.
None Present for Deft.
Adj. for Service affidavit on 27/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Prasad Jangam Present for Plff.
None Present for Deft.
Service report awaited.
Adj. For Service affidavit on 19/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Seema Choubey Present for Plff.
None Present for Deft.
Adv of plff seeks time for extension of time to serve writ of summons to deft. . Granted.
Adj. For Service affidavit on 29/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Prasad Jangam for plaintiff present.
None present for defendant.
Case is for service affidavit since long but plaintiff has not taken any steps to serve suit summons. Hence, case is fixed for dismissal order.
Adjourned for dismissal order to 4.1.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Prasad Jangam I/b Das Associates Present for Plff.
None Present for Deft.
Exh.11- adv of plff has filed application for extension of time to issue suit summons through bailiff.
Today case is for dismissal order as the plff has not taken any steps since many dates. However to have an opportunity extension of time to serve suit summons is granted till next date as a last chance.
Adj. For Service affidavit on 13/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: None present.
Case is adjourned for service affidavit to 04-03-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Prasad Jangam for plaintiff present.
None present for defendant.
Exh.12 Adv.of plaintiff has filed service affidavit a/w RPAD envelopes. It returned with postal remark unclaimed.
Case adjd for taking steps to 01.04.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Seema Chaubay h/f. Das Associates for plaintiff present and seeks time for taking steps.
None present for defendant.
Case adjourned for taking steps to 08/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: None present for plff.
Order- From the affidavit of service Exh.12 and returned postal envelop filed along with the affidavit, it appears that the defendant was intimated on 11/02/2023 by the postman but as the postal envelop containing writ of summons was unclaimed. Hence it was sent back to the addressor. Therefore, there is deemed service of writ of summons upon the defendant. Hence, put up the matter for ex-parte order against the deft.
Adj. For Order against deft on 24/07/2023.
Next Purpose: ORDER
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Jitendra i/b Das Associates for plaintiff is present.
ORDER Below Exh. 1
The defendant though intimated by the postal
authorities on 11.02.2023 did not claim the postal
envelope containing Writ of Summons. Hence, the
summons is deemed to be served on him. None
appears for the defendant till today. Hence, matter to
proceed Ex-Parte.
Matter is adj for Ex-parte to 04/09/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Anupam Gundre for plaintiff is present and orally prayed for time to file evidence affidavit. O- Time granted as prayed for as last chance.
Matter is adj for ex-parte evidence to 04/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: A.R of plaintiff is present and requested to KB the matter.
Adv. for plaintiff is absent.
Later on at 01.35 p.m.
A.R/witness PW-1 of plaintiff is present.
Adv. Anupam Gundale i/b Das Associates for plaintiff is present.
Exh.13 - Evidence affidavit.
Exh. 14 - List of documents.
Oath is given to the witness. (Sadanand M. Dhadke)
On oral request of ld. adv of plaintiff matter is adjourned for hearing on marking of documents. O-Granted.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 21/12/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: HHJ is on leave. Hence adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Authorized representative Mr. Sadanand Dhadke for plaintiff is present.
Advocate of plaintiff is absent.
Matter is adj. for ex-parte evidence to 05/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: None present.
Matter is adj. for hearing on marking of documents (ex-parte evidence) to 30/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: A.R.of plaintiff is present.
Adv. Aishwarya Kadam h/f Das Associates for plaintiff is present.
On oral request of ld. adv of plaintiff matter is adjourned for taking steps for obtaining leave of the Court.
Matter is adj. for ex-parte evidence to 07/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: A.R. of plaintiff is present.
Adv.Aishwarya Kadam i/b Das Associates for plaintiff is present and submitted that plaintiff wants to take steps for filing additional documents on record.
Matter is adj. for ex-parte evidence to 26/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: A.R of plaintiff is present and requested to KB the matter. His advocate is absent.
Later on at 12.25 p.m.
Same appearance for plaintiff.
He orally requested time for filing ex-parte evidence. O-Time granted as prayed for as last chance.
Matter is adj. for ex-parte evidence to 24/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: A.R. of plaintiff is present.
Adv. Aishwarya Kadam i/b Das Associates for plaintiff is present and tendered draft NM along with affidavit in support. O.-Leave granted to register it.
Matter is adj. for NM returnable to 27/06/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Adv. Aishwarya Kadam i/b Das Associates for plaintiff is present and tendered registered NM No. 1908/2024 along with affidavit in support.
A.R.of plaintiff is present.
Heard ld. Adv of plaintiff on NM.
Matter is adj. for NM order to 11/07/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: A.R of plaintiff is present. Adv. Dipika Mishra i/b Das Associates for plaintiff is present.
Following order is passed in Notice of Motion No. 1908 of 2024.
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.1908 of 2024 in Commercial Suit No.65 of 2020 is hereby allowed.
2. Leave is hereby granted to the plaintiff to produce on record the additional documents as mentioned in prayer clauses (a) to (c) of the present notice of motion.
3. No order as to costs.
Matter is adj. for recording evidence to 20/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: None present.
KB.. Later on at 12.55 p.m.
Adv. Aishwarya Kadam i/b Das Associates for plaintiff is present and orally requested time for filing documents. O-Time granted as prayed for.
Matter is adj. for recording evidence to 05/08/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Aishwarya Kadam i/b Das Associates for plaintiff is present.
A.R. of plaintiff is present.
Exh.15- List of additional documents.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 29/08/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Court is Vacant hence Adj.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: None present.
This suit appears to be more then 5 yrs old hence,on top priority for disposal in accordance with law.
Issue notice to the parties and their advocates if any.
Matter is adj. for ex-parte evidence to 20.06.2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: None present.
Matter is adj. for steps/dismissal to 17.09.2025.
Later on at 02.10 p.m.
Adv. Shah present for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Parties are absent.
Adv. Brijeshwari Shah present for plaintiff and heard her on the point of admissibility of documents.
Perused list of documents at Exh. 14 and 15 all three documents are photocopies and those are marked as Articles.
Article A – Copies of the release orders.
Article B – Copy of Invoice.
Article C – Copy fo outstanding due amount balance.
Vide Exh. 15 total six documents are tendered the first document is letter of authority. It is original hence, it is marked as Exh. P-16. The second documents are copies of release order those appears to be photocopies stated to be B collectively (Page 2 to 8) hence, those are marked as Article ‘D’. The next document at sr. no. 3 are two invoices. Those being original marked as Exh. P-17 colly.
The next document at sr. no. 4 copies of outstanding due amount Exh. ‘D’ addressed to the defendant it being original marked as Exh. P-18.
The fifth document is statement of ledger account of defendant company (Exh. ‘E’). It is marked as Exh. P-19
The last document is photocopy copy of legal notice 16.01.2019 with original two postal receipts and two written envelopes. Hence, it is marked as Article ‘E’.
None present for defendant.
Matter is adj. for steps to 26.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Parties are absent.
Adv. Deepika Mishra i/b Das Associates present for plaintiff.
None present for defendant.
Court is busy in recording evidence in Commercial suit No. 595/2024 (High Court transferred Suit bearing No.04/2010 having age of 15 yrs old), Commercial Suit No. 604/2024 (High Court transferred Suit bearing No.03/2012 having age of 13 yrs old.) and passing further Judgment dictation in Commercial Suit No. 638/2024( High Court transferred Suit bearing No.16/1996 having age of 29 yrs old.). Hence, due to paucity of time matter is adjourned.
Matter is adj. for steps to 20.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2026
Date: 20-02-2026
Business: Plaintiff is present.
Adv. Swapnali Thombare present for plaintiff.
None present for defendant.
Evidence of plaintiff is closed.
Exh. 20 – Evidence closure pursis filed by ld. Adv of plaintiff.
Matter is adj. for arguments to 28.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2026
Date: 28-04-2026
Business: Authorized representative of plaintiff is present.
KB.. Later on at 01.10 p.m.
Adv. Prasad Das and Deepika Mishra present for plaintiff.
None present for defendant.
Heard arguments of ld. Adv of plaintiff.
Exh.21- Ex-parte Judgment.
Operative part of Judgment.
1.Commercial Summary Suit No.65 of 2020 is partly decreed with costs.
2.Defendants shall pay amount of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) to plaintiff with interest at the rate of 9 percent p.a. from 28/02/2015 till realization of the amount.
3.Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 28-04-2026