Date: 23-03-2020
Next Purpose: REPORT
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: REPORT
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: REPORT
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Plaintiff in person present.
None for defendant.
Today matter is for report.
He seeks time to file affidavit of service. Time granted till next date.
Matter adjd for affidavit of service to 02-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Plaintiff in person present.
None for defendant.
KB L.O. at 12.48 pm
Ex.02 Plaintiff filed service affidavit t.o.r. O- Seen.
Perused affidavit of service and postal envelope. There is endorsement on the postal envelope unclaimed return to sender. Hence, plaintiff to take required steps for service of writ of summons.
Matter adjd for steps by plaintiff to 23-04-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None present.
The matter is adjd for steps to 20.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None present.
The matter is adjd for taking steps to 18.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Plaintiff in person present.
Exh.3 - Plaintiff filed application for service of summons as per Order 5 Rule 17 of C.P.C.
O. - As per service affidavit (Exh.2), deft. did not claim the summons issued by the Court by R.P.A.D. Therefore, service of writ of summons to deft. be effected in the manner provided under Order 5 Rule 17 of C.P.C.
The matter is adjd for affidavit of service to 25.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Plaintiff present. He sought extension of time for compliance of order dated 23.10.2021.
O. - Extension of time as prayed for is granted.
The matter is adjd for affidavit of service to 03.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Plaintiff in person present. He sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 31.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for Affidavit of Service to 10.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Plaintiff in person present.
Exh.4 - Service affidavit filed by plaintiff. T.O.R.
As per service affidavit (Exh.4), deft. is deemed to be served with writ of summons. But, he failed to tender his appearance before the Court. Therefore, suit to proceed without appearance of deft.
The matter is adjd for filing claim affidavit to 11.04.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Plaintiff in person present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 05.05.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: None present.
The matter is adjd for filing claim affidavit to 28.06.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Plaintiff in person present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 08.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 08.09.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Plaintiff in person present.
Exh.5 - Claim affidavit. T.O.R.
Exh.6 - List of documents. T.O.R.
The matter is adjd for arguments to 23.09.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: The Court is Vacant.
Hence, Matter is Adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: The Court is Vacant.
Hence, the matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: The court is vacant. Hence, matter is ajd.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: The court is vacant.
Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Court is vacant. Matter adjd to
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Court is Vacant.
Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: As court is vacant, Hence, matter is adjd. to.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Case is received under transfer from Court Room No.14
All called, but absent
Plaintiff has filed evidence affidavit at Exh.5 on 08.09.2022.
Since then there is no progress in the suit.
Plaintiff to take steps regarding evidence.
Adjourned to 03.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Tilak Premji Dehia Vs Mr. Kaushik N. Maru
Plaintiff Tilak Premji Dehia present.
Exh.7
Email Dt. 24.07.2014
Exh.8
Memorandum of Understanding Dt. 23.07.2014
Exh.9
Certificate u/s 65 B of Evidence Act.
Exh.10
Affidavit in support Certificate u/s 65B of
Evidence Act.
Exh.11
Email Dt. 24.07.2014.
Exh.12
Certificate u/s 65 B of Evidence Act.
Exh.13
Affidavit in support Certificate u/s 65 B of
Evidence Act.
Exh.14
Cheque No.145511 Dt. 24.10.2014.
Exh.15
Statement of Account Dt. 15.12.2014.
Exh.16
Email Dt. 15.01.2015.
Exh.17
Certificate u/s 65 B of Evidence Act.
Exh.18
Affidavit in support Certificate u/s 65 B of
Evidence Act.
Exh.19
Cheque No.006446 Dt. 20.12.2014.
Exh.20
Bank Deposit Slip Dt. 09.01.2015.
Exh.21
Bankers returned memo Dt. 20.01.2015.
Exh.22
Bank Deposit Slip Dt. 05.02.2015.
Exh.23
Bankers returned memo Dt. 06.02.2015.
Exh.24
Advocate Legal Notice Dt.17.02.2015.
Exh.25
Speed Post Receipt.
Exh.26
Postal Track Report Dt. 03.02.2015.
Exh.27
Statement of account Dt. 31.03.2015.
Exh.28
Notice cum demand Letter Dt.15.11.2017.
Exh.29
Speed Post Receipt.
Exh.30
Postal Track Report.
Exh.31
Reply by Department of Post. Dt. 30.01.2018.
Matter adjourned to 26.10.2023 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Tilak Dehia V/s Kaushik Maru
Plaintiff present. His counsel absent.
Exh.32 - Evidence closure pursis.
Exh.33- Written arguments filed by plaintiff.
Case adjourned to 07.11.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Tilak Premji Dehia Vs Mr. Kaushik N. Maru
Plaintiff side called, but absent.
Plaintiff to take steps regarding arguments if any
Case adjourned to 04.12.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Tilak Premji Dehia Vs Mr. Kaushik N. Maru
Plaintiff Tilak P Dehia present.
He is party in person, he is seeking oral adjournment for 04.01.2024
Case adjourned to 04.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Plaintiff in person present.
Defendant Ex-parte.
Heard, the plaintiff in person.
Matter stands Adj for Judgment on 08.01.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Plaintiff in person present.
Exh. 34 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 498 of 2021 is partly decreed with Costs.
2. The defendant shall pay the amount of Rs. 26 Lakhs with interest @ 9 percent per annum from the date of issuance of cheques till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 498 of 2021 disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-01-2024