Date: 11-03-2019
Business: Adv. Manoj Agare for plaintiff present.
Matter wrongly came on todays board as it is already on tomorrows board.
Hence matter adj till 12/03/2019
Next Purpose: DIRECTIONS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Kedia for plaintiff.
Heard Adv. Kedia for plaintiff on Chamber Summons.
Matter is adj for order on Chamber Summons on 14.03.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Exh-2 Adv. Manoj Agare for plaintiff tendered application for dispense with the presence of plaintiff for verification.O-Allowed.
Defendant and advocate absent.
F.R.S.R. following order is pass on Chamber Summons No.539/19.
ORDER
1. Chamber Summons No.539/2019 is made absolute in terms of prayer clause.
2.Plaintiff is directed to carry out the amendments in the title of plaint, Notice of Motion as per schedule annexed within 7 days from the date of this order.
F.R.S.R. following order is pass on Notice of Motion No.766/19.
ORDER 1.Notice of Motion No.766/2019 is partly allowed only with respect to prayer (a) that is the appointment of Court Receiver of High Court Bombay of the Notice of Motion.2.Prayer of temporary injunction and direction to payment of Rs.4,06,255/- in respect of vehicle are hereby rejected.3.Plaintiff is directed to deposit a sum of Rs.15,000/- as a remuneration of Court Receiver of High Court, Bombay in the High Court, Bombay. 4.After deposit of remuneration, Court Receiver of High Court, Bombay is directed to take possession of car bearing no. MH-01-BY-4929 from defendant no.1 or any other person claiming through her from whom the possession of vehicle is found and kept the possession with him till the further orders of the court.
Matter adj for compliance on 22/03/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv. Manoj Agare for plaintiff present.
Exh- Adv.Sataydev Joshi tendered vakalatnama for defendant no.1
O-R and R.
Exh- Adv.Sataydev Joshi tendered application for inspection of court record. O-Allowed.
Plaintiff is directed to serve the amended copy of plaint on defendant on today itself.
Matter adj for compliance on 05/04/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv.Girish Kedia for plaintiff tendered reply on N/M No.1398/19. Adv.Satyendra Joshi for defendant present.
Order dated 14/03/2019 is stayed till 08/04/19.
Matter adj for hearing on N/M No.1398/19 on 08/04/19 at 3.00pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Kedia for plaintiff is present.
Adv. Satyadev Joshi for defendant no. 1 is present.
Heard, Both the Ld. advocates on NM No. 1398/2019.
Order dated 14/03/2019 is stayed till 16/04/19.
Matter is adj for NM orders on 16.04.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Adv.Shivangi Kedia for plaintiff tendered affidavit of service on residencial as well as office address.
Adv.V.P.Shashtri for defendant no.1 present.
F.R.S.R following order is passed on N/M No.1398/19
ORDER
N Notice of Motion No. 1398/2019 is dismissed with cost.
Matter adj for passing order against defendant on 04/07/19.
Next Purpose: ORDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Matter called out (11.41am)
Adv.Manoj Agre for plaintiff present.
Adv.Satyadev Joshi for defendant no.1 present.
k.b
Second time matter called out (03.16pm)
Adv.Manoj Agre for plaintiff present.
Adv.V.P.Shastri for defendant no.1 present.
Third time matter called out (03.38pm)
Adv.Manoj Agre for plaintiff present.
Adv.Satyadev Joshi for defendant no.1 present
Plaintiff submitted that he has served to the defendant with plaint and document to the defendant no.1. Plaintiff filed affidavit of service dated 22.02.2019 and 06.03.2019. The defendant no.1 cause there appearance by filing vakalatnama dated 22.03.2019. It appears from the aforesaid material that the defendant was intimated and provided with the copy of plaint and documents. However, advocate for defendant objected on the ground that the address on which the plaint copy was served is not his address. He got the knowledge about the matter on phone. In overall the defendant disputing service of suit summons. In my view after considering the affidavit of service and earlier litigation in respect of C/S No.539/19 in my view defendant is given sufficient knowledge about the instant proceeding. The plaintiff is directed to once again serve the copy of plaint alongwith the document to the advocate for defendant no.1. Thereafter the defendant to file written statement within stipulated period.
Matter adj for written statement on 07/08/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: As P.O. is on Training
Matter adjd
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Manoj Agare for plaintiff present.
Adv.for defendant absent.
As court is busy.
Matter adjd to 22.01.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Agare for plaintiff present.
Adv.for defendant absent.
Defendant absent, failed to tender written statement. Hence suit is proceeded without written statement against defendant.
Matter adjd to 13.03.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Angre for plaintiff
Adjd on his request to 12-08-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: PO is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Manoj Aagre for plaintiff present.
None for defendant
Adv. Shri Manoj Aagre submitted that the suit is wrongly re-registered as summary suit and it should have been registered as a short cause suit.
Matter is adjd.to 14-10-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Both parties are absent when matter called out.
The plaintiff is directed to take steps in respect of re-registration of suit as a short cause suit on or before the next date.
Matter is adjd.to 30-11 -2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Manoj Aagare for plaintiff present and filed pursis t.o.r. and marked as Exh.6 stating that suit be re-registered as a Short Cause Suit.
He submitted that the plaintiff had purchase the car by availing loan facility from defendant no. 2 and the said car was provided to defendant no. 1 for use as an employee of the plaintiff company. He further submitted that he has sought relief only against defendant no. 1 for getting the vehicle back and declaration of title.
Considering submission of Adv. Manoj Aagare and contents in the plaint, there is absence of element of commercial transaction between the plaintiff and defendant no. 1. The plaintiff had just provided facility of the vehicle for transportation /Journey to defendant no. 1. Case of the plaintiff does not fall within ambit of sec. 2 (c) of the Commercial Court Act. Hence, present suit be re-register as a Short Cause Suit and allotted to appropriate Court by Registrar (Civil).
None for defendant
Matter is adjd.to 23-12-2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: As Court is Vacant Board discharged adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: P.O.is in Training
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: None for plff
None for defendant
Matter is adjd on 27.09.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv Ujwala Karpe for plff present. None for defendant
Court is busy in hearing arguments in Suit No. 4378/2013. Hence, matter adjd.
Matter is adjd on 29.11.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Court is busy in recording evidence in Sessions cases. Hence, Board is discharged.
Matter is adjd on 10.01.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv Manali Dixit for plff present
None for defendant
None for defendant
Matter is adjd on 16.03.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: None present.
Court is busy in Recording evidence in SU 2170/18, SC 532/19 and SC 137/20 hence due to paucity of time matter adjourned.
Matter is adjd on 20-06-2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Smt.Ujawala Karpe h/f Adv.Girish Kedia for plaintiff present.
None for defendant.
Kept back for sometime
Later on at 11.41am
Adv.Smt.Ujawala Karpe h/f Adv.Girish Kedia for plaintiff present. She submits that defendant No.2 is formal party hence, no summons is served upon him. On calling explanation by the court. Ld.Adv. for the plaintiff seeks time to inform whether plaintiff wants to proceed against defendant Nos.1 and 2.
Matter is adj to 13/09/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, dictating judgment and orders hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Matter is adj to 29/12/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-12-2023
Date: 29-12-2023
Business: Wrongly on board.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters and recording evidence in Sessions case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Ujwala Karpe i/b Adv.G.B.Kedia for plaintiff present.
Matter is adj to 26/06/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 31/08/2024 for taking steps/necessary order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 27/11/2024 for taking steps/dismissal order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Ujwala Karpe for plaintiff present.
None for defendant.
Adv. for plaintiff seeks time to take steps. Time granted.
Matter is adj to 03/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Manoj Agare for plaintiff present and sought time to file appropriate application. Order-Granted.
None for defendant.
As per office record and submission of concern clerk amount of Rs.1,50,000/- is deposited in Fixed deposit and renew year to year.
Matter is adj to 18/07/2025 for taking steps.
Later on at 2.05pm
Adv.Manoj Agare for plaintiff present and filed application for withdrawal of depositing amount taken on record marked as Exh-7. Order-Other side to say.
Plaintiff to serve copy of Exh-7 to the defendant through court bailiff.
Matter is adj to 18/07/2025 for affidavit of service of Exh-7/reply on Exh-7 by defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2025
Date: 18-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Manoj Agre for plaintiff present and filed affidavit of service taken on record marked as Exh-8. Order-Seen.
None for defendant.
Matter is adj to 12/09/2025 for report.
Next Purpose: REPORT
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Manoj Agre for plaintiff present and filed affidavit of service of defendant No.2 taken on record marked as Exh-9. Order- Seen
None for defendant Nos.1 and 2.
Matter is adj to 27/10/2025 for withdrawal of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: Court vacant
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025
Date: 13-12-2025
Business: Matter pertains to C.R. No. 59.
None present for Plaintiff.
None present for Defendant.
Matter not settled before Lok-Adalat.
Matter adjourned to 19/01/2026.
Next Purpose: REPORT
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: COURT VACANT
Next Purpose: REPORT
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: IN THE COURT OF H.H.J. P. G. BHOSALE JUDGE CITY CIVIL COURT C.R. NO.01.
Matter pertains to Cr.No.59
Adv. Manoj Agre h/f Adv.Girish Kedia for plaintiff is present and filed pracepie to take the matter on Board. TOR. Marked as Exh-10. O- Allowed.
Adv.for plaintiff submitted that matter be referred to lok-adalat.
None for defendant.
Matter is adj to 14/03/2026 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026
Date: 14-03-2026
Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026
Panel No. 4 Panel Head M. B. Oza along with member Adv. Nalini Sunil Sonawane present.
Plaintiff absent.
Defendent absent.
Advocate for Plaintiff absent.
Advocate for Defendent absent.
Matter is not settled before the Lok-Adalat. Hence, Case adjourned.
Adjd. to 29/04/2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-04-2026
Date: 29-04-2026
Business: PO IS ON TRAINING IN FIRST SESSION.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-08-2026
Date: 12-08-2026
Business: None present.
Lo 01.45PM
Adv Nikhil Sathamkar for plaintiff is present.
Matter is adj to18.08.2026 for Withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None present.
Matter is adj to 23/10/2026 for withdrawal.
Later on at 1.20pm
Kaushal Kumar Modi- Plaintiff present.
Adv.Nikhil Satamkar for plaintiff present.
ORDER ON EXHIBIT-1
Kaushal Kumar Modi- Plaintiff present before this court who has already filed the application for withdrawal (Exh-7) of the suit and submitted that the present matter has been filed by the plaintiff for possession of the car.
Against the order of this court of granting the interim order defendant filed appeal in Honble High Court Judicature, Bombay.
As per order dated 01/07/2019 passed by Honble High Court, plaintiff have deposited Rs.1,50,000/- and obtain physical possession of the said car from the receiver of Honble High Court. As the plaintiff has receive the possession of the car he requested to withdraw the present suit and withdrawn the amount of Rs.1,50,000/- deposited towards security. Hence, plaintiff does not wish to proceed with and has decided to the withdraw present suit.
Plaintiff, his advocate are present and submitted self attested copy of Aadhar Card in support of his identity. Plaintiff submitted that the matter is decided to be withdrawn. Plaintiff firmly states that he wants to withdraw the suit against the defendant unconditionally. Hence, the order.
ORDER
1.Suit No. 2547 of 2021 is hereby disposed of as withdrawn (Exh-7) against the defendant unconditionally.
2. The PLA/concerned department of City Civil and Sessions Court, Mumbai is hereby directed to pay Rs.1,50,000/- deposited on 11/07/2019 along with the interest if, any to the plaintiff, Kaushal Kumar Modi.
3. Court fees be refunded as per the rules.
4.All the notice of motion, chamber Summons, application and misc. application in connection with this suit shall be disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-08-2026