Date: 04-09-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Advocate Rhutuja Mahadik for plaintiff is present.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 20.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Rutuja Mahadik for plaintiff , prayed for adjournment to take proper steps.
None for defendants.
Matter is adjd.to 24-02-2021 for taking steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Ms. Aachal Jain for plaintiff, submits that plff has not received details of LR\''s of deft no.1, prayed for adjd.
None for defendant.
Matter is adjd.to 17.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is adjd.to 16.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 09.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Both parties are absent.
Matter is adjd.to 25.10.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Rutuja Mahadik along with plaintiff present and submitted that she came to know that defendant no. 1 expired, but she is not getting death certificate and other details to bring his legal heirs on record. She prayed for adjournment in evidence matter. - adjournment granted.
Matter is adjd.to 13-12-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Rutuja Mahadik for plaintiff present and filed draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is already adjd.to 17-01-2022 for filing registered
C/S.
Next Purpose: FOR___________________
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Rutuja Mahadik for plaintiff present and filed affidavit of service of Ch.S. t.o.r.
She also placed on record registred C.S. 35/22 with supporting affidavit t.o.r.
She also filed application for issuance of fresh writ of summons. t.o.r. and marked as Exh.2. - allowed as prayed.
Issue fresh writ of summons to the defendants. Time is extended for filing writ of summons.
Matter is adjd.to 17-02-2022 for C.S. reply and writ of
summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Prashant Trivedi for Proposed LR of defendant no.1 namely Rajesh Tulsiyani present and prayed for adjournment to file vakalatnama and reply to C/S – short date be given.
Adv. Rutuja Mahadik for plaintiff filed affidavit of service with original writ of summons and acknowledgment of defendant no. 2 t.o.r. and marked as Exh.3
Matter is adjd.to 05-03-2022 for C/S Reply and ex parte
order against deft. no. 2. (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Yashashree Munde for proposed LR of defendant no. 1 namely Rajesh Tulsiyani present and prayed for adjournment to file vakalatnama and reply to C/S - short date be given.
Matter is adjd.to 23-03-2022 for c/s reply and ex prate
order against deft. no. 2 (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Bandana S. Churasiya for plaintiff present
Adv. Pratik Irpatgire i/b Parinam Law Associate for defendant present and filed vakalatnama t.o.r. and marked as Exh.4
He also filed affidavit in reply in C/S No. 35/22.
Adv. Bandana S. Churasiya for plaintiff received copy of affidavit in reply in C/S No. 35/22.
Matter is adjd.to 20-04-2022 for C/S Hrg. (2.45pm)
Next Purpose: C/S HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Yashashvi Munde for proposed Lr. of defendant no. 1 present.
Heard both sides in C/S No. 35/22.
Matter is adjd.to 27-04-2022 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None for plaintiff.
None for defendant
F.R.S.R. following order is passed in C/S No. 35/22 -
ORDER
1) Notice of Chamber Summons No. 35/2022 is made absolute in terms of prayer clause (a) .
2) The plaintiff is directed to carry out amendment in the plaint as per schedule of amendment within 15 days from the date of the order.
3) The proceeding of Ch/s No. 35/2022 is closed.
Matter is adjd.to 06-05-2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
The plaintiff is directed to issue writ of summons for service upon defendant no.1A.
Matter is adjd.to 02-07-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: PO on leave. Board discharged and adjd.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: By praecipe O- Allowed to take on board
Adv. Khushi Shah for defendant No.1 (a) present.
Exh-5 Written statement of defendant No. 1(a) filed by advocate Khushi Shah. O- Read and recorded.
Adv. for defendant no. 1 (a) to file Statement of truth
Copy of WS be served to other side.
Already adjd to 30/07/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. Pratik Irpatgire for proposed defendant no. 1(a) present.
Statement of truth filed by defendant no. 1 (a) at Exh.6
Exh- 7 Affidavit in support of statement of truth. O- Seen.
Adjd for admission denial to 07/09/2022
L. O
Adv. Bandana Chaurasia for plaintiff present.
Exh-8 Affidavit of service filed by adv. for plaintiff upon defendant No. 1 (a). O- Seen.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Rutuja Mahadik for plaintiff present. She submitted that yesterday she received the copy of WS hence is not able to file admission denial thus sought adjournment.
None for defendant when called.
Adjd for admission denial to 31/10/2022
L. O at 11.27 am
Adv. Samruddhi Bendbhar i/b Parinam Law associates for defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Vandana Chaurasia for plaintiff present and seeking time for filing admission denial. Granted. None for defendant when called.
Adjd for admission denial to 21/11/2022
L. O
Adv. Pratik Irpatgire for defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Bandana Chaurasia for plaintiff present and seeks time to file admission denial.
None for defendant when called. Both parties are directed to file admission denial on next date failing which further orders will follow
Adjd for admission denial to 03/01/2023
L. O
Adv. Pratik Irpatgire for defendant No.1(a) present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: None for plaintiff when called. Adv. Samruddhi Bendbhar for defendant no. 1 (a) present and seeks time to file admission denial. Granted as last chance.
Adjd for admission denial to 25/01/2023
L. O
Adv. Bandana Chaurasia for plaintiff present.
Plaintiff present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: None for plaintiff.
Adv. Prasannakumar for defendant no.1a is present.
Exh.09 – Ld adv for defendant filed admission denial t.o.r. O- R and R. Copy be served to the plaintiff.
Case is adjourned for admission denial by plaintiff to 07-02-2023.
L.O. at 11.36 am
Adv. Rujuta Mahadik for plaintiff is present and filed admission denial t.o.r. marked as Exh.10 O- R and R. Copy be served to the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Vandana Chourasiya h/f adv. Rakesh Jain for plaintiff is present.
Adv. Prasanna Kumar for defendant no.1(a) is present.
Both parties is already filed admission denial hence, case is kept for case management
Case is adjourned for case management to 16-03-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Aman Marva for defendant 1A present.
Exh.11- Issues framed.
Exh.12 - Case Management Order.
1. Filing list of witnesses - on or before 19/04/2023
2. Examination-in-chief of plaintiff with original documents - on or before 27/04/2023.
3. Marking of documents - on or before 04/05/2023.
4. Cross examination of plaintiff - on or before 07/06/2023.
5. Evidence of witness of plaintiff - on or before 15/06/2023.
6. Evidence of defendant - on or before 23/06/2023.
7. Cross examination of defendant - on or before 03/07/2023
8. Evidence of witness of defendant - on or before 11/07/2023
9. Written argument of both sides - on or before 19/07/2023
10. Oral argument - on or before 27/07/2023
Case is adjourned for list of witness on 19.04.2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Vandana Chourasiya for plaintiff is present.
None for defendant.
Matter wrongly shown in the caption of case management hearing.
Case is adjourned for list of witnesses to 27-04-2023.
L.O. at 11.46 am
Adv Aman Marwah for defendant is present.
Exh.13 - Ld adv for defendant filed list of witnesses t.o.r. O- Seen. Plaintiff to note.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: None for plaintiff.
Adv. Amar Marvaha i/b Parimal Law associates for defendant is present.
Plaintiff is directed to lead evidence.
Case is adjourned for evidence to 04-05-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv Vandana Chourasiya for plaintiff is present.
None for defendant.
KB L.O. at 12.03 pm
Adv for plaintiff is present.
Adv. Nipa i/b Parinam and Law for deft no.1 is present.
Plaintiff witness is present.
Exh.14 - Affidavit of examination in chief of plaintiff Nitin Shah is filed O- Plaintiff Nitin Shah is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.15 - List of documents O- Filed.
Copy of Exh.14 and 15 is served to the other side.
Case is adjourned for marking documents to 07-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. Vandana Chaurasiya present for plaintiff. It appears that the plaintiff side not prepared with all necessary document for alloting exhibit marks. Plaintiff side to take proper step regarding recording evidence.
Adv. Nipa Ghosh present for defendant No.1a
Matter adjourned to 15.06.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Date: 03-07-2023
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. Vandana Chaurasiya present with plaintiff Nitin Shah.
Adv. Amar Marwah and Adv. Swati Singh present for defendant No.1.
Rest all defendant absent.
Plaintiff to mark its documents by next date and defendant to conduct cross-examination on next date.
Matter adjourned to 11.07.2023 for marking of documents/ cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. Vandana Chaurasiya present for plaintiff.
Plaintiff witness Nitin Shah present.
Adv. Swati Singh present for defendant No.1A.
Further examination in chief of PW-1 commenced.
Exh.16
:
Photocopy of Bank Pass Book of plaintiff.
(Original shown to defendant for comparison.)
Exh.17
:
Certificate u/s 65 B of Bank Pass Book
Exh.18
:
Copy of Bill of Exchange Dt. 13.06.2016 for 5 lakhs.
Exh.19
:
Computer generated copy of Ledger Statement
Exh.20
:
Certificate u/s 65 B of Ledger Statement
Exh.21
:
Computer generated copy of Form 26 AS Certificate
Exh.22
:
Certificate u/s 65 B of Form 26 AS Certificate
Exh.23
:
Office copy of Demand Notice Dt. 04.04.2019.
Exh.24
:
Original Acknowledgment card.
PW-1 Cross-examination is over.
Re-examination : Declined
Exh. 25 – Evidence closure pursis filed by Adv. for plaintiff.
Matter adjourned to 19.07.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. Ms. Vandana Chaurasiya present for plaintiff.
Adv. Ms. Neepa Ghosh present for defendant.
Defendant is seeking oral adjourned to lead evidence.
Adjourned to 10.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Rutuja Mahadik present for plaintiff.
Adv. Aman Marva present for defendant 1(a).
Rest defendants called, but absent.
Exh.26 Compilation of documents filed by defendant No.1. O-Seen.
Exh.27 Affidavit in lieu of examination in chief of defendant No.1-A. O-Seen.
Matter adjourned to 13.09.2023 for Evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Plaintiff Nitin Shah present. His counsel called but absent.
Adv. Aman Marwah present for defendant No.1A.
Defendant witness absent.
Plaintiff is seeking oral adjournment.
Matter adjourned to 13.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Nitin Shah V/s Dwarkadas Tulsiani
Plaintiff Nitin Shah present. His counsel is absent.
He submitted that, it is doubtful that, his counsel will appear today.
Adv. Aman Marwah present for defendant No.1A.
He submitted that, his witness is on the way.
Plaintiff to cross examine the defendant witness .Else, put for necessary Order.
Matter adjourned to 04.11.2023 for Cross-examination of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Nitin Shah V/s Dwarkadas Tulsiani
Adv. J. R. Mishra present for plaintiff.
Adv. Aman Marva present for defendant No.1.
Defendant witness Rajesh Tulsiani present.
Defendant submitted that, he has filed photocopy on record and same be allotted exhibit marks. Defendant showed his inability to file originals on the ground that, they are requiring in other proceedings.
Defendant to take steps regarding evidence.
Case adjourned to 09.01.2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Nitin Shah V/s Dwarkadas Tulsiani
Adv. Shankar Mali present for plaintiff.
Defendant side called, but absent.
Defendant to take steps regarding evidence.
Case adjourned to 09.02.2024 for evidence of defendant.
Later on at 12.00 Hrs.
Adv. Amar Marwah Present for defendant.
Case adjourned to 09.02.2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Nitin Shah V/s Dwarkadas Tulsiani
Adv. Shankar Mali present for plaintiff.
Adv. Dev Bhangare present with defendant No. 1A Rajesh Tulsiani.
Adv. Shankar Mali submitted that, copies supplied by defendant No.1, are not legible.
Adv. Dev Bhangare submitted that, they had forwarded proper and legible copies.
Both sides are directed to co-operate each other regarding technical aspect.
Suit adjourned to 13.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. Rutuja Mahadik and Adv. C. D. Mishra present for plaintiff.
Plaintiff Nitin Shah present.
Defendant side called, but absent.
Suit is pending for evidence of defendant from 11.07.2023.
Perused subsequent roznama.
Defendant granted last opportunity to lead evidence.
Else put for arguments.
Suit adjourned to 05.04.2024 for recording evidence.
Later on at 12.15 Hrs.
Adv. Dev Bankaria present for defendant no.1/A
Defendant witness Rajesh Tulsiani present.
Exh.28- List of documents.
Exh.29- Certificate U/s 65B.
Plaintiff side called, but absent.
Suit adjourned to 05.04.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Nitin Shah V/s Dwarkadas Tulsiani
Plaintiff Nitin Shah present. His counsel absent.
Adv. Dev Bhankharia present for defendant No.1A.
Defendant witness absent.
Parties to take steps regarding evidence.
Suit adjourned to 14.06.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Nitin Shah V/s Dwarkadas Tulsiani
Plaintiff side called, but absent.
Defendant side called, but absent.
Suit is pending for evidence of defendant since, 02.07.2023. Despite sufficient time, defendant failed to lead evidence.
Evidence of defendant stands closed.
Parties to take steps regarding arguments.
Suit adjourned to 21.06.2024 for final arguments.
Later on at 12.34 Hrs.
Adv. Dev Bhankharia present with defendant No.1A Rajesh Tulsiani.
Suit adjourned to 21.06.2024 for steps.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Nitin Shah Vs. Dwarkadas Tulsiani
Adv. Lalit Jain present for plaintiff.
Adv. Dev Bhankaria present for defendant No. 1.
Defendant No. 2 called, but absent.
Exh.30 - Draft Notice of Motion filed by defendant No. 1 for reopening of defence evidence.
Exh. 31 - Affidavit-in-support of Notice of Motion.
Leave is granted to register the Notice of Motion.
Suit adjourned to 11.07.2024 for reply and arguments.
Next Purpose: REPLY
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: P.O. is on leave.
Adv. C D Mishra present for plaintiff.
Adv. Dev present for defendant no.1.
By consent matter adjourned to 21.08.2024.
Suit adjourned to 21.08.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Adv. C D Mishra present for plaintiff.
Adv. Dev Bhankharia present for defendant no. 1A.
Suit is kept back.
Later on at 12.56 Hrs.
Adv. C D Mishra present for plaintiff.
Adv. Dev Bhankharia present for defendant no. 1A.
Heard both sides on Notice of Motion No. 102929 / 2024.
Plaintiff has closed evidence on 11.07.2023.
Thereafter, considering delay in leading evidence, this Court vide Order dt. 14.06.2024 has closed evidence of defendant.
Through above Notice of Motion, defendant is seeking permission to lead evidence.
Notice of Motion is objected by plaintiff.
It is always in the interest of justice that, parties should be given fullest opportunity to prove their contention. Else, it may give rise to multiplicity of litigation. Considering overall facts, Notice of Motion can be allowed subject to cost of Rs.3,000/- payable to plaintiff.
1. Defendant should pay the cost by next date.
2. Defendant should filed pursis regarding compliance of Order, by next date.
3. Defendant should also keep witness present for cross-examination.
4. Parties to expedite.
Suit adjourned to 10.09.2024 at 15.00 Hrs for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Adv. C D Mishra present for plaintiff.
Adv. Dev Bhankharia present for defendant no.1A.
Exh.32- Pursis filed by defendant no.1A regarding compliance of cost.
Later on at 15.41 Hrs.
Adv. C D Mishra present for plaintiff.
Adv. Dev Bhankharia present for defendant no.1A.
Defendant no.1A Rajesh Tulsiani present.
Plaintiff submitted that, he wants to convert the Suit and for that purpose plaintiff is seeking oral adjournment.
Adjournment is opposed by defendant.
Parties to take appropriate steps.
On next date, both plaintiff and defendant should remain present in Court.
Suit adjourned to 09.10.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Plaintiff side called, but absent.
Adv. Mithil Shah present for defendant no.1A.
On oral request of defendant, Suit is kept back.
Later on at 13.21 Hrs.
Adv. Mithil Shah present for defendant no.1A.
Defendant No.1A Rajesh Tulsiani present.
Plaintiff side called, but absent.
Perused roznama dt. 10.09.2024, whereby plaintiff has stated that, he want to convert the Suit.
Today, plaintiff is absent.
Put Suit 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: Nitin Purshottamdas Shah Vs Dwarkadas Tulsiani
Plaintiff side called, but absent.
Adv. Sanskruti Harode present for defendant no.1 and no.2.
In view of roznama dt. 09.10.2024, parties to take appropriate steps.
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 26.02.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-02-2025
Date: 26-02-2025
Business: Suit was adjourned for 26.02.2025. 26.02.2025 being holiday, Suit is taken on board on immediate next working day i.e. on 27.02.2025.
None present for plaintiff.
Matter stands Adj to 15-03-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
Adv. Ms. Srishti Magdum for defendant No. 1-A present.
Kept back
Later on at 12.50 pm
None present for plaintiff.
Adv. Ms. Srishti Magdum for defendant No. 1-A present.
Perusal of previous roznamas shows that on 10.09.2024 by pursis Exh.32 defendant No.1A had complied with the conditional order passed in Notice of Motion No.2929/2024 and therefore, the matter of to have been listed for further evidence of deft No.1A as the said defendant had filed affidavit in lieu of examination in chief along with compilation of documents. Hence, matter be listed for further evidence of defendant No.1A.
Defendant No.1A along with DW-1 Rajesh Tulsiani shall remain present and complete the evidence. Else, matter will be proceeded without evidence of defendant No.1A.
Matter stands Adj for evidence of defendant No.1A on 21-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: None present for plaintiff.
Adv. Srishti Magdum for defendant No.1A present.
Defendant/witness Rajesh Tulsiani is present.
O. Oath administered.
Heard the Ld advocate for the defendant on exhibiting the documents, Hence, following documents are mark exhibit.
Exh.33
:
Copy of Registration Certificate showing Mr. Dwarkadas Tulsiani as a Sole Proprietor along with Section 65-B Certificate (Exh.28)
Exh.34
:
Original Forensic Report dated 14.05.2019
Exh.35
Original Forensic Report dated 14.06.2019
Exh.36
Original Forensic Report dated 18.04.2019
Exh.37
Original Forensic Report dated 21.07.2019
Matter stands Adj for cross examination on 08-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: None present for plaintiff.
Adv. Srishti Magdum for defendant present.
KB, Later on at 4.40 pm
None present for plaintiff.
Adv. Srishti Magdum for defendant No.1A present.
DW-01 Rajesh Tulsiani is present.
Plaintiff failed to cross examine DW-01, hence, no cross order passed against the plaintiff.
Deposition of DW-1 is closed.
Matter stands Adj to 16-06-2025 for evidence of other defendant, if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: None present for plaintiff.
Adv. Srishti Magdum i/b Parinam Law Associates for defendant No.1A present.
Exh.38 Evidence closing pursis filed by Adv. for defendant No.1A.
O. Seen.
Suit is already proceed ex-parte against defendant No.2. So put up for final argument.
Matter stands Adj to 08-08-2025 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-08-2025
Date: 08-08-2025
Business: None present for plaintiff.
None present for defendant.
Kept back. Later on at 01.05 pm
Adv. Nikita Jadhav i/b Parimam Law Associates for defendant No.1A present.
Today, matter is for final argument. However, since last seven dates neither plaintiff nor advocate appeared in the suit. So keep it for dismissal order.
Matter stands Adj to 25-09-2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: None present for plaintiff.
Adv. Srishti Magdum i/b Parinam Law Associates for defendant No.1A present through VC at 11.05. am and present in court at 01.25 pm.
Kept back in second session. Later on at 05.00 pm.
None present for plaintiff.
In this suit issues are framed on 16.03.2023. Plaintiff evidence is closed on 11.07.2023. Evidence of defendant is closed on 11.07.2025. Plaintiff not conducted cross examination of defendant’s witness. Defendant No.1A filed evidence closed pursis on 11.07.2025. On previous and this date none appeared for plaintiff when suit is posted for final argument. Hence, suit was posted for dismissal order.
Thus, as a final opportunity to plaintiff, present suit is not dismissed today. Keep it for dismissal order on next date.
Matter stands Adj to 26-11-2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: None present for plaintiff in first session.
Adv. Riya Patil i/b Parinam Law Associates for defendant no. 1A present.
Kept back.
Later on at 04.45 p.m.
None appeared for plaintiff. Its a suit of year 2020 i.e. 05 years old suit. On 04/05/2023 plaintiff filed evidence affidavit and compilation of documents. Those documents were exhibited on 11/07/2023. On 10/08/2023 defendant filed evidence affidavit and compilation of documents and on 14/06/2023 matter was posted for final arguments. In Roznama 10/09/2024 and 09/10/2024 submission of plaintiff was recorded that plaintiff want to convert this suit. However, no steps were taken so it was posted for dismissal order on 12/12/2024 by the then Presiding Officer.
Since last 07 dates no one appeared before the Court on behalf of plaintiff. Again on 08/08/2025 matter was posted for dismissal order. This being a civil suit it cannot be decided on merit in absence of plaintiff / advocate for plaintiff. Therefore, present suit deserves to be dismissed under Order 09 Rule 08 of The Code of Civil Procedure.
Hence, Commercial Suit No.454/2020 is dismissed. Interim applications if any, also stands disposed off. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 26-11-2025