Date: 26-06-2019
Business: Matter called out (05.04pm)
Adv. for plaintiff present.
Exh-5 Adv.Yasmin Tavaria for defendant tendered written statement.
Defendant allowed to filed written statement.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Copy served to other side.
Matter adj for framing of issues on 07/09/19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: COURT IS ON LEAVE
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Chetan Mendadkar for plaintiff present.
Adv.Abhishek Yadav for defendant present.
Advocate for plaintiff tender draft issues.
Advocate for defendant tender draft issues.
Matter adjd to 28.04.2020 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None present
Adjd to 06-03-2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None for plaintiff
Adv. Yasmin for defendant
Adjd to 06-05-2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None for plaintiff.
None for defendant.
Adv. for the defendant is directed to file statement of truth in
support of written statement and both sides are directed to
file affidavit of admission and denial of documents on the
next date of hearing.
Matter is adjd.to 03-01-2022 for filing statement of
truth by defts and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Bipin Chandra for plaintiff present and prayed for adjournment - short date be given.
None for defendant
Matter is adjd.to 27-01-2022 for filing statement of
truth by defts and admission denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Bipin Chandra h/f Mahesh Menon and Co. for plaintiff present.
None for defendant.
Matter is adjd.to 09-02-2022 for filing statement of
truth by defts and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Bipin Chandra h/f Mahesh Menon & Co. for plaintiff present and prayed for adjournment – short date be given.
None for defendant
Matter is adjd.to 28-02-2022 for filing statement of truth
by defts and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Bhavin Joshi for plaintiff present and prayed for adjournment - short date be given.
None for defendant
Matter is adjd.to 11-03 -2022 for filing statement of
truth and admission/denial by deft .
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 11-04-2022 for filing statement of truth
and admission/denial by deft .
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Shridevi Kotkar for plaintiff present.
None for defendant
Matter is adjd.to 09-06-2022 for filing statement of
truth and admission/denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None for plaintiff when called.
Exh- 7 Adv. Rahul Talreja, Adv. Ashok Bhatia, Adv. Swati Shah and Adv. Aditya Bhatia tendered vakalatnama on behalf of defendant. O- Seen and filed.
Exh- 8 Adv. for defendant tendered application for adjournment. O- Granted
Adjd for admission denial to 12/07/202
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Ashok Bhatia for defendant present.
None for plaintiff.
Adv. for defendant is seeking time to file admission denial. Granted as last chance
Adjd for admission denial and statement of truth of defendant to 20/07/2022
L. O
Adv. Pranav Chavan for plaintiff present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Pranav Chavan for plaintiff present.
Adv. Ashok Bhatia for defendant present.
Exh-9 Affidavit of admission denial filed by adv. for defendant.
Statement of truth not filed by defendant till date.
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Plaintiff present with Adv. Chavan.
None from Defendant.
Matter not settled.
Matter be sent to regular court.
Adjd to 22/08/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: adv. Pranav Chavan for plaintiff present.
Adjd for admission denial to 22/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Pranav Chavan for plaintiff present.
None for defendant when called.
Adjd for admission denial to 12/10/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Pranav Chavan for plaintiff present.
None for defendant when called.
Defendant not filed admission denial till date. Sufficient opportunity is already given to defendant Hence suit to proceed without admission denial of defendant.
Adjd for framing issues to 15/11/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: None present when called.
Issues framed.
Adjd for case management hearing to 17/12/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Pranav Chavan for plaintiff present.
Adjd for case management hearing to 27/01/2023
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: None present.
As parties are absent, hence matter is adjourned.
Case is adjourned for case management hearing to 18-02-2023.
L.O. at 12.28 pm.
Adv. Pranav Chavan for plaintiff is present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: None present.
As parties are absent. Hence, matter is adjourned for case management.
Case is adjourned for case management hearing to 18-04-2023.
L.O.
Adv. Pranav Chavan for plaintiff is present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv Pranav Chavan for plaintiff is present.
None for defendant.
Case is adjourned for case management hearing to 21-06-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: All called, but absent
Parties to take steps. Else, put for necessary order.
Matter adjourned to 14.08.2023 for Case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Mrs. Felcy Coutinho Vs Rockford Structures Private Limited
Adv. Pranav Chavan present for plaintiff.
Defendant side called, but absent.
As Court is on leave, matter adjourned.
Matter adjourned to 26.09.2023 for Case Management Hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Mrs. Felcy Coutinho Vs Rockford Structures Private Limited
Adv. Pranav Chavan present for plaintiff.
Exh.11- Pursis field by plaintiff stating that, the defendant has not file Statement of Truth. However, the Written Statement is on record as Exh.5.
defendant to make its submission on Exh.11.
Matter adjourned to 27.10.2023 for hearing on Exh.11.
Next Purpose: HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Felcy Coutinho V/s Rockford Structure
Adv. Pranav Chavan present for plaintiff.
Defendant side called, but absent.
Plaintiff has filed pursis at Exh.11 on 26.09.2023 stating that, the defendant has not filed the statement of truth.
Defendant is yet to file his reply.
Perused roznama Dt. 20.07.2022.
Perusal shows that since 20.07.2022 the defendant has not complied the order of Court regarding Statement of Truth.
In view of Order 6, Rule 15A Applicable for Commercial Court and Commercial Suits, the pleadings of defendant are strike out.
Case adjourned to 23.01.2024.
Next Purpose: HEARING
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Felcy Coutinho V/s Rockford Structures
All called, but absent.
Suit is filed on 24.06.2019.
In view of roznama Dt. 27.10.2023, Parties to take appropriate steps.
Considering, age of Suit. Parties to expedite.
Case adjourned to 01.03.2024 for hearing.
Later on at 12.00 Hrs.
Adv. Dipesh Palvankar present for plaintiff.
Case adjourned to 01.03.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Felcy Coutinho V/s Rockford Structures
Plaintiff side called, but absent.
Defendant side called, but absent.
Issues are framed on 15.11.2022.
Vide roznama dt. 27.10.2023, pleadings of defendant were strikeout.
Plaintiff to lead evidence, else put for dismissal.
Suit adjourned to 02.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Felcy Coutinho V/s Rockford Structures
All called, but absent.
Parties to takes steps. Else, put for necessary order
Suit adjourned to 30.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Felcy Coutinho V/s Rockford Structures
All called, but absent.
Perused roznama Dt. 27.06.2023.
Plaintiff to lead evidence, if any. Else put for dismissal order.
Suit adjourned to 29.04.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Felcy Coutinho V/s Rockford Structure
Adv. Pranav Chavan present for plaintiff.
He seeking oral adjournment.
Considering the stage of suit, oral adjournment cant not be considered.
Later on at 12.38 Hrs.
Adv. Pranav Chavan present for plaintiff.
Exh.11- Adjournment application filed by plaintiff.
Order - Application is allowed subject to costs of Rs. 500/- payable to DLSA, Mumbai.
Suit adjourned to 16.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Mrs. Felcy Coutinho Vs Rockford Structures
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff failed to comply roznama order dt. 29.04.2024.
Suit is kept for dismissal orders.
Suit adjourned to 06.09.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-09-2024
Date: 06-09-2024
Business: Mrs. Felcy Coutinho Vs Rockford Structures Private
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff to take steps. Else put for dismissal Order.
Suit adjourned to 12.12.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Mrs. Felcy Coutinho Vs Rockford Structures Private
Adv. Pranav Chavan present for plaintiff.
Plaintiff witness no.1 Shelton Coutinho present.
On oral request of plaintiff, Suit is kept back.
Later on at 13.02 Hrs.
Adv. Pranav Chavan present for plaintiff.
Plaintiff witness no.1 Shelton Coutinho present.
Exh.12- Evidence affidavit of PW1 Shelton Coutinho.
Exh.13- List of documents.
Plaintiff to comply Order dt. 29.04.2024, pertaining to cost.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 21.01.2025 for compliance.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: Matter pertains to Court Room No.31.
Adv. Dipesh Palwankar present for plaintiff.
Plaintiff representative Shelton Coutinho present.
Exh.14- Pursis filed by plaintiff regarding payment of cost to DLSA, Mumbai.
Matter pertains to Court Room No.31.
Adv. Dipesh Palwankar present for plaintiff.
Plaintiff representative Shelton Coutinho present.
Exh.14- Pursis filed by plaintiff regarding payment of cost to DLSA, Mumbai.
Suit adjourned to 05.02.2025 for evidence.
Suit adjourned to 05.02.2025 for evidence.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Adv. Dipesh Palvankar present for plaintiff.
Plaintiff witness Shelton Coutinho present.
Later on at 15.04 Hrs.
Adv. Dipesh Palvankar present for plaintiff.
Plaintiff witness Shelton Coutinho present.
Further Examination in chief of plaintiff witness recorded.
Exh.15
Original PAAA document dt. 20.12.2013.
Exh.16
Original cheque dt. 03.10.2014.
Article.A
Photocopy of Central Bank of India statement dt. 28.10.2014.
Article.B
Copy of electricity bill for 18.12.2024.
Article.C
Photocopy of reminder notice dt. 19.10.2015.
Article.D
Copy of legal notice dt. 08.08.2016.
Article.E
Photocopy of Order dt. 15.10.2018.
Exh.17
Office copy of application filed under RTI to State Public Information Officer with acknowledgment.
Further examination in chief is over.
In the interest of justice Suit adjourned for cross-examination.
Suit adjourned to 06.03.2025 for cross-examination at 3.30 p.m.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: Adv. Dipesh Palvankar for plaintiff present.
None present for defendant.
Plaintiff Shelton Coutinho is present through VC.
Exh.18 Certificate under Section 63 of Bhartiya Sakshya Adhiniyam, 2023.
O. Seen.
As a last chance, matter stands adjd for cross examination of PW-1 on 02-04-2025 at 2.45 pm
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. Dipesh Palwankar for plaintiff present.
Defendant and its counsel absent. Hence, matter to proceed without cross examination of defendant to PW-01.
Deposition of PW-1 is closed.
Matter stands Adj for further evidence on 17-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Adv. Dipesh Palwankar for plaintiff present.
Power of Attorney holder of plaintiff - Shelton Coutinho is present.
KB, Later on
Same appearance for the plaintiff.
On the oral request of the adv for the plaintiff to argue on Section 65-B certificate, matter stands Adj to 17-06-2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv. Pranav Chavan for plaintiff present.
Advocate for plaintiff submit that he want to file on record some additional documents inform of certified copy etc. He is directed to file necessary application to that effect on record.
Matter stands Adj to 11-09-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Adv. Pranav Chavan i/b Mahesh Menon & Co. for plaintiff present.
Exh.19- Evidence closure pursis filed by plaintiff.
As per noting in roznama 27.10.2023 pleadings of defendant are struck off. Hence, there would be no stage for evidence of defendant.
Matter stands Adj for final arguments on 08.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: Adv. Mahesh Menon for plaintiff present.
Plaintiff No.2 Shelton Coutinho is present.
Adv. Harshal Raut i/b Ashok Bhatia for defendant present.
Matter stands Adj to 20-11-2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: Adv. Mahesh Menon for plaintiff present.
None present for defendant.
Argument of Ld. Advocate for plaintiff heard.
Matter stands Adj to 11-12-2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: Adv. Mahesh Menon for plaintiffs present.
Plaintiff No.2 Shelton Coutinho is present.
Kept back for Judgment.
Exh.20 Judgment
FRSR following order is passed
ORDER
1. Commercial Suit No. 759/2021 is decreed with cost.
2. It is declared that PAA Agreement Dt. 20.12.2013 executed between plaintiff and defendant is valid, subsisting and enforceable document between plaintiff and defendant.
3. Defendant is directed to hand over vacant possession of flat no. 702 admeasuring 390 square feet to plaintiff as per prayer clause (b) of plaint.
4. Plaintiff is entitled to get Rs.8,32,000/- from defendant. Defendant shall pay said amount to plaintiff within three months from the date of this Judgment.
5. Plaintiff is entitled to get 9% interest per annum on above referred amount from the date of suit till its actual realization.
6. Plaintiff is entitled to get transit rent / compensation of Rs. 16,500/- with effect from 01.02.2019 till plaintiffs are put in possession of flat no. 702 admeasuring 390 square feet.
7. Decree be drawn up accordingly.
8. Judgment is dictated and pronounced in open Court.
9. After compliance and period of Appeal, Sheristedar and AS to consign Record of the suit, to Record Room.
Nature Of Disposal: JUDGMENT
Disposal Date: 11-12-2025