Date: 31-03-2021
Business: Adv. Ms. Shaikh Iram for plaintiff present, prayed for adjmnt. and extension of time for s/s -granted.
None for defendant.
Matter is adjd.to 16.06.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 15.09.2021 for Exparte Evidence.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv. Mr. Vijay Yadav for the plaintiff present and filed application for issuance of summons. T.O.R. and allowed.
Issue writ/sum to the defendant.
Matter is adjd.to 22.10.2021 for writ/sum.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None for plaintiff.
Matter is adjd.to 27-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: .o
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 09-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Vijay Yadav h/f Adv. Rajendra Singh for plaintiff present.
Time is extended for service of writ of summons.
Matter is adjd.to 14-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Rajender Singh for plaintiff present and filed affidavit of service with original writ of summons and two closed returned envelopes t.o.r. and marked as Exh.3
Matter is adjd.to 06-04-2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Vijay Yadav for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 22-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Vijay Rathod for plaintiff present and seeks time to take out chamber summons.
Adjd for taking steps by plaintiff to 29/08/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None present when called.
Adjd for taking steps to 14/10/2022
L. O
Adv. Rajender Singh Saluja for plaintiff present and seeks time to file chamber summons.
Adjd for taking steps to 21/09/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Sonia Singh for plaintiff present and sought time to take steps.
Adjd for taking steps to 19/11/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Sonia Singh for plaintiff present and seeks time to take steps. Granted.
Adjd for taking steps to 02/01/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Sonia singh i/b Adv. Saluja for plaintiff present and seeks time.
Adjd for taking steps to 06/02/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Adv. Soniya Singh h/f Adv. Rajender Singh Saluja for plff is present and tendered draft Chamber Summons alongwith affidavit. O- Leave granted for register Ch/s.
Heard ld adv for plaintiff.
Order passed below Draft Chamber summons.
It is contended that the summons has been sent twice at the last known address of defendant however, the same returned unserved with the remarked ‘Left’ or defendant is not available at the address. She submits that defendant is deliberately avoiding service. She seeks leave to serve him through paper publication.
The affidavit of service filed on record reveals that the service attempted through RPAD has returned unserved with the remarked ‘Left’ as deft not found the address. Thus it appears that defendant avoided service. Hence, I find it just and proper to permit the plaintiff to serve defendant through paper publication as per rule 20 of order V of CPC. Hence, the order-
ORDER
1) Draft Chamber summons is allowed.
2) Plaintiff to serve defendant paper publication in two news papers, one English and another Marathi, having vide circulation.
3) Plaintiff to file service affidavit accordingly.
4) Draft Chamber Summons disposed of accordingly.
5) Plaintiff to register draft Chamber Summons for statistical purpose forthwith.
Case is adjourned for affidavit of service to 20-03-2023.
L.O. at 1.41 pm
Adv. Soniya Singh h/f Adv. Rajender Singh Saluja for plff is present and tendered original registered Chamber Summons No. 254 of 2023 alongwith affidavit t.o.r.
Case is adjourned for affidavit of service to 20-03-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Adv. Soniya Singh h/f Rajender Singh Saluja for plaintiff present and filed application for extension of time to serve writ of summons t.o.r. marked as Exh.4. O Extension is granted.
None for defendant.
Case is adjourned to 06.05.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: None present.
Plaintiff is directed to file affidavit of service.
Case is adjourned for affidavit of service to 12-07-2023.
L.O. at 11.16 am
Adv. Soniya Singh for plaintiff is present and sought extension of time to serve the writ of summons. Granted.
Case is adjourned for affidavit of service to 12-07-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Mrugesh Shah Vs Varun Arora
Adv. Rajender Singh present for plaintiff.
He is seeking oral adjournment to file affidavit of service.
Matter adjourned to 13.10.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Mrugesh Shah V/s Varun Arora.
All called, but absent.
Plaintiff to take steps regarding service. Else, put for dismissal order.
Matter adjourned to 02.12.2023 for dismissal.
Later on at 12.30 Hrs.
Adv. Rajender Singh present for plaintiff.
Exh.5 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Financial Express Delhi, Dt.12.07.2023.
Till date defendant has not filed appearance before this Court.
Today Defendant side is called, but absent.
Suit to proceed Ex-parte against defendant.
Plaintiff to take steps regarding Ex-parte evidence.
Case adjourned to 02.12.2023 for Ex- parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: Murgesh Shah V/s Varun Arora
Adv. Arshad Khan present for plaintiff.
He is seeking oral adjournment.
Suit adjourned to 01.03.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: On 02.01.2024, Court hall is shifted from City Civil Court Building, Fort, Mumbai to Mazgaon Court Building, Mazgaon, Mumbai.
Adv. Rajendra Singh Saluja present for plaintiff.
Plaintiff witness absent.
Plaintiff is seeking oral adjournment to lead Ex-parte evidence.
Suit adjourned to 18.04.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Mrugesh Shah V/s Varun Arora
Adv. Arshad Khan present for plaintiff.
Plaintiff has not complied order Dt. 02.12.2023 and 01.03.2024.
Later on at 13.04 Hrs.
Adv. Arshad Khan present for plaintiff.
Exh.6 - Adjournment application filed by plaintiff.
O- Allowed subject to cost of Rs. 500/- payable to DLSA, Mumbai.
Liberty is granted to plaintiff to pay the cost on next date.
Suit adjourned to 25.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Adv. Mr. Rajender Singh present for the plaintiff.
Plaintiff witness Mr. Mrugesh Shah present.
Plaintiff to comply the order dated 18.04.2024 regarding costs payable to the DLSA, Mumabi.
Later on at 14.01 pm.
Adv. Mr. Rajender Singh present for the plaintiff.
Plaintiff witness Mr. Mrugesh Shah present.
Exh. 07. Pursis filed by plaintiff with payment receipt regarding compliance of the order dated 18.04.2024.
Exh. 08. Pursis filed by plaintiff regarding online payment.
Exh. 09. Evidence affidavit of PW-1 Mr. Mrugesh Shah.
Exh. 10. List of documents.
Exh. 11
Tax invoices dated 03.10.2013.
Exh. 12
Tax invoices dated 07.10.2013.
Exh.13
Tax invoices dated 09.11.2013.
Exh.14
Tax invoices dated 13.11.2013.
Exh.15
Tax invoices dated 31.01.2014.
Exh.16
Tax invoices dated 31.01.2014.
Exh.17
Tax invoices dated 08.02.2014.
Exh.18
Tax invoices dated 03.03.2014.
Exh.19
Tax invoices dated 31.03.2014
Exh.20
Tax invoices dated 02.04.2014.
Exh.21
Tax invoices dated 04.04.2014.
Exh.22
Tax invoices dated 05.04.2014.
Exh.23
Tax invoices dated 15.04.2014.
Exh.24
Tax invoices dated 19.04.2014.
Exh.25
Tax invoices dated 26.04.2014.
Exh.26
Tax invoices dated 02.05.2014.
Exh.27
Tax invoices dated 29.05.2014.
Exh.28
Tax invoices dated 20.06.2014.
Exh.29
Tax invoices dated 21.06.2014.
Exh.30
Tax invoices dated 30.07.2014.
Exh.31
Tax invoices dated 28.10.2014.
Exh.32
Tax invoices dated 03.11.2014
Exh.33
Tax invoices dated 18.11.2014.
Exh.34
Certified copy of cheque bearing No. 000480 dated 25.01.2018
Exh.35
Certified copy of cheque bearing No. 000488 dated 25.01.2018
Exh.36
Certified copy of cheque bearing No. 000481 dated 25.01.2018.
Exh.37
Certified copy of cheque bearing No. 000484 dated 25.01.2018.
Exh.38
Certified copy of cheque bearing No. 000482 dated 25.01.2018.
Exh.39
Certified copy of cheque bearing No. 000483 dated 25.01.2018.
Exh.40
Certified copy of cheque bearing No. 338821 dated 29.01.2018.
Exh.41
Certified copy of cheque bearing No. 335182 dated 29.01.2018.
Exh.42
Certified copy of Bank Memos.
Exh. 43
Certified copy of Advocate Notice.
Exh. 44
Certified copy of Postal receipt.
Exh. 45
Certified copy of acknowledgment casrd.
Exh. 46
Ledger Account statement of defendant together with section 65(b) Certificate.
Exh. 47. Evidence closed pursis filed by advocate for the plaintiff.
Suit is adjourned to 03.08.2024 for Recording Evidence.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Mrugesh Shah Vs Varun Arora
Adv. Rajender Singh Saluja present for plaintiff.
Paucity of time with Court.
Suit adjourned to 17.08.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Mrugesh Shah Vs Varun Arora
Plaintiff side called, but absent.
Suit is ex-parte.
Suit is kept back.
Later on at 12.35 Hrs.
Adv. Rajender Singh Saluja present for plaintiff.
Paucity of time with Court.
Court busy in dictation of Chamber Summons No. 101369 / 2024, Notice of Motion No. 101561 / 2023, Notice of Motion No. 101562 / 2023, Chamber Summons No. 101421 / 2023.
Suit adjourned to 23.08.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: Mrugesh Shah Vs Varun Arora
Plaintiff side called, but absent.
Defendant side called, but absent.
Paucity of time with Court.
Suit adjourned to 31.08.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Mrugesh Shah Vs Varun Arora
Plaintiff side called, but absent.
Plaintiff to take steps regarding arguments.
Suit adjourned to 23.10.2024 for arguments.
Later on at 12.20 Hrs.
Adv. Arshad Khan present for plaintiff.
Suit adjourned to 23.10.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Mrugesh Shah Vs Varun Arora
Adv. Arshad Khan present for plaintiff.
Perusal of record shows that, Suit is pending for final arguments.
Plaintiff to argue regarding 138 proceedings and regarding pre-institution mediation.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 25.11.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Plaintiff side called, but absent.
Plaintiff to comply roznama order dt. 23.10.2024.
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 09.12.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: Mrugesh Shah Vs Varun Arora
Adv. Arshad Khan present for plaintiff.
Defendant side called, but absent.
Suit is kept back for arguments.
Later on at 13.21 Hrs.
Adv. Arshad Khan present for plaintiff.
Exh.48- Pursis filed by plaintiff.
Soft copy of proceedings tendered by plaintiff.
Heard advocate for plaintiff.
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 18.12.2024 for Judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Mrugesh Shah Vs Varun Arora
Adv. Rajender Singh Saluja present for plaintiff.
FRSR following order is passed-
ORDER
1. Commercial Suit No. 100069 / 2021, Mrugesh Shah Vs Varun Arora, is partly decreed, with proportionate cost.
2. Defendant, within three months from date of this Order, shall pay, Rs. 17,44,093 /- (Rs. Seventeen Lakhs Forty Four Thousand and Ninety Three Only) to the plaintiff, with interest @ 9 percent per annum, from the date of filing of the Suit, till its realization.
3. Court fee, if any, be refunded to the plaintiff, as per rules.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Parties be informed about their right to challenge this Judgment and period of limitation.
7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Judge
Nature Of Disposal: PARTLY DECREED
Disposal Date: 18-12-2024