Date: 13-01-2020
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to National Lockdown (Covid-19) matter adjourned
Next Purpose: REPORT
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Both parties are absent.
Matter is adjd for report on 12.03.2021.
Next Purpose: REPORT
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Ajit Ghorpade for plaintiff is present.
On oral request of Adv.for the plaintiff matter adjourned for filing affidavit of service.
Matter adjd for affidavit of service on 19.06.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present for plaintiff.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
KB
LO at 01.46 pm
Adv.Rahul Tiwari for plaintiff present and filed affidavit of service of suit summons, Exh.5 t.o.r. O-filed.
Matter adjd to 03.09.2021 for appearance/order against defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.42 pm
Adv.Mahindra Pandey a/w.Adv.Ajitsingh Ghorpade for plaintiff present.
Read the service affidavit. Perused RM number. tracking report is on record which shows that RM No.646361364IN is delivered to Ashok (addressee) on 23.03.2021. The Ld. Adv. for the plaintiff submits that the defendant was privately served. No copy of duplicate summons is on record. He further submits that it was just intimation of the suit sent by RPAD. It appears that summons is not duly issued and served, hence, order.
Issue fresh summons to the defendant.
Matter adjd to 30.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.20 pm
Adv.Rahul Tiwari h/f.Adv.Ganesh Deshmukh for plaintiff present. He orally requested time to file service affidavit.
Matter adjd to 14.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.29 pm,
Adv.Ajitsingh Ghorpade h/f.Adv.Ganesh Deshmukh for plaintiff present.
The plaintiff filed affidavit of service, Exh.6 with original writ of summons and bailiff report and tracking report t.o.r.
Summons is unserved. Matter adjd for steps on 17.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv.Dhwani Mehta h/f. Adv.Mahindra Pandey for plaintiff present.
None present for defendant.
On oral request matter adjd for steps of plaintiff on 09.12.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Rahul Tiwari present for plaintiff.
None present for defendant.
KB for filing adjournment application.
LO at 1.05 p.m.
Adjournment Application filed by Adv. for plaintiff. t.o.r. marked as Exh.7
O-Time granted.
Matter adjd to 18.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv.Manindra Pandey for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.8 for service of suit summons by pasting. O-Heard the plaintiffs advocate. Read the service affidavits on record. Allowed to serve the defendant by pasting as well as by RPAD.
In view of SOP dated 06.01.2022, matter adjd to 16.02.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv.Rahul Tiwari h/f.Adv.Pandey for plaintiff present.
Adv.E.M.Bhatt present and filed vakalatnama Exh.9 a/w. true copy of Power of Attorney on behalf of defendant t.o.r.
Matter adjd to 17.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Mr. Rahul Tiwari present for plaintiff.
None present for defendant.
On oral request of the ld. advocate for the plaintiff, matter adjd to 12.04.2022 for service affidavit.
L.O.
Adv. Mr. P. M. Bhatt for the defendant present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Ms. Dhwani Mehta for plaintiff present.
Adv. Mr. P. M. Bhatt for defendant present.
the advocate for plaintiff authority letter authorizing advocate Ms. Dhwani Mehta to appear. t.o.r. marked as Exh.10. The plaintiff tendered affidavit of service alongwith service of summons bailiff report t.o.r. marked as Exh.11.
The defendant tendered written statement, t.o.r. marked as Exh.12.
Subject to confirmation of delay. The learned advocate for defendant submits that he will file notice of motion for condonation of delay. Copy of received written statements filed by defendant.
Matter adjd to 27-04-2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv.Ms.Dhwani Mehta h/f.Adv.Pandey for plaintiff present.
Adv.Bhatt for defendant present.
Plaintiff filed authority letter t.o.r. marked as Exh.13.
Adv.of defendant filed draft notice of motion a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The plaintiff submits that copy of NM is received.
Matter adjd to 06.05.2022 for NM reply and hearing.
Next Purpose: REPLY
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv.P.N.Bhatt for defendant present. He tendered registered NM No.1636/22 a/w. affidavit.
Ms.Dhwani Mehta i/b.Adv.Manindra Pandey for plaintiff present. She filed authority letter t.o.r. and marked as Exh.14.
She also filed reply in NM No.1636/22 t.o.r. and marked as Exh.15. The defendant submits that copy of reply is already received to the defendant.
Heard both parties on NM No.1636/22.
KB
LO at 12.50 pm,
Ms.Dhwani Mehta i/b.Adv.Manindra Pandey for plaintiff present. She filed application under Order-8, Rule-9 alongwith rejoinder to written statement. Application is t.o.r. and marked as Exh.16. Copies of application and rejoinder are received by the defendant.
KB for order
LO at 01.35 pm
F.R.S.R. following order is passed
Order
1. Notice of Motion No.1636 of 2022 is allowed.
2. The delay in filing written statement by defendant is condoned.
3. The written statement filed by the defendant is taken on record.
4. Costs shall follow the event.
5. Notice of Motion No.1636 of 2022 is disposed of accordingly.
In view of above order written statement is taken on record and marked as Exh.17.
Matter adjd to 29.06.2022 for Reply of deft.on appln.Exh.16.
Next Purpose: REPLY
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Adv. Ms. Tanvi Purecha Present for Plff.
Adv. D. J. Jani Present for Deft.
Ex.18.- adv of deft has filed reply to Ex.16 along with affidavit. t.o.r. copy served to otherside.
Ex.19- adv of plff has filed authority letter on behalf of Adv. Manindra Pandey.
Adj. For Argument on Ex.16 on 22/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None Present for Plff.
Adv. D. J. Jani Present for Deft.
KB. LO 1.55 pm
Adv. Mahendra Pandey Present for Plff.
Adj. For Argument on Ex.16 on 25/07/2022.
Next Purpose: HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Manindra Pandey for plaintiff present.
None for defendant.
KB for other side.
LO at 1.55 p.m.
Adv. Jani present for defendant present and seeks adjournment.
Case adjourned for hearing on Exh.16 by defendant to 08/08/2022.
Next Purpose: HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Dhwani Mehta Present for Plff.
Adv. D. J. Jani Present for Deft.
Ex.20- Adv of plff filed authority letter for appearing this matter. - Seen and filed.
Heard argument on Ex.16 adv of deft.
Adj. For Order on Ex.16 on 11/08/2022.
Next Purpose: ORDER
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Ayushi Chauhan Present for Plff.
None Present for Deft.
Ex.21.-Adv of plff filed authority letter. - Filed.
F.R.S.R. following order passed below Ex.16.
Application Exh.16 is allowed as under.
i) Plaintiff is allowed to file rejoinder to explain the additional facts which are incorporated in written statement.
ii) Plaintiff shall file the rejoinder till next date without fail.
Adj for Rejoinder to WS by plff on 13/09/2022.
Next Purpose: REJOINDER
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Aayushi Chauhan Present for Plff.
Adv. D. J. Jani Present for Deft.
Ex.22 - As per order below Ex.16 dt. 11/08/2022 rejoinder filed by plff is taken on record. Copy of rejoinder already served to adv of deft.
Adj. For Statement of truth and Admission and denial on 04/10/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Aayushi Chauhan Present for Plff.
None Present for Deft.
Ex.23. - Adv of plff has filed statement of truth. Copy be served to otherside.
Adv of plff seeks time for filing admission and denial. Granted.
Adj. For Admission denial by plff and deft and Statement of truth by deft on 19/10/2022.
LO 11.30
Adv D. J. Jani Present for Deft.
Adv of plff has served copy of statement of truth on deft.
Adj. For Admission denial by plff and deft and Statement of truth by deft on 19/10/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Dhwani Mehta Present for Plff.
Adv. D. J. Jani Present for Deft.
Ex.24 - Adv of plff has filed authority letter issued by Adv. Mahendra Pandey.
Ex.25 – adv of deft has filed statement of truth. Copy served to adv of plff.
Ex.26 – Adv of plff has filed admission and denial. Copy served to adv of deft.
Adv of deft seeks time for filing admission and denial. Granted.
Adj. For Admission and denial by deft on 19/11/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Dhwani Metha h/f Manindra Pandey Present for Plff.
Adv. D. J. Jani Present for Deft.
Ex.27 – Adv. Dhwani Metha has filed authority letter issued by Adv. Mahindra Pandey authorised her to attend this matter.
Ex.28 - adv of deft has filed admission and denial. Copy served to adv of plff.
Adj. For Draft issues and CMS hearing on 07/12/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Dhwani Metha h/f Adv. Manindra Pandey Present for Plff.
Adv. D. J Jani Present for Deft.
Exh.29- Adv of plff has filed authroity letter. Filed.
Exh.30- adv of plff has filed draft issues. Copy served to otherside.
Exh.31- adv of Deft has filed draft issues. Copy served to otherside.
Exh.32- adv of deft has filed list of witness. Copy served to otherside.
Exh.33. Issues framed.
Heard adv of both parties on case management schedule. Fixed CMS as under.
Case Management Hearing/ Schedule.
On or before
Business.
11/01/2023 to 15/02/2023.
Evidence of witnesses of plff. ( Chief and Cross examination)
15/02/2023 to 20/03/2023.
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days after 20/03/2023
Arguments
Adj. For Evidence of plff on 03/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Priyanshu Mishra I/b Manindra Pandey Present for Plff.
Adv. D. J. Jani Present for Deft.
Adv of both parties seeks time for hearing on Preliminary issues. Granted.
Adj. For Hearing on Preliminary issue on 02/03/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Priyanshu Mishra I/b Manindra Pandey Present for Plff.
None Present for Deft.
Exh.34. Adv of plff has filed written notes of argument in respect of preliminary issues. Copy be served upon otherside.
Heard argument of adv of plff on preliminary issue.
Adj. For Hearing on Preliminary issue by deft on 21/03/2023.
LO 12.00.
Adv. P. M. Bhatt Present for Deft.
Adj. For Hearing on Preliminary issue by deft on 21/03/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Aayushi Chauhan for plaintiff present.
Adv. P.M. Bhatt for defendant present.
Heard Adv.of both parties on preliminary issue.
Case adjd for order on preliminary issue to 31.03.2023.
Next Purpose: ORDER
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Ms. Ayushi Chauhan for plaintiff present.
None present for defendant.
FRSR following order passed.
ORDER
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to convert and assign this suit to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 28/4/2023.
Case adjourned for compliance of above order to 28/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Aayushi Chouhan for plaintiff present.
None present for defendant.
On the oral request by Ld. Adv. for plaintiff, issue writ of summons to defendant.
Matter Adjd for service affidavit on 26/07/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Chauhan for plaintiff is present.
Exh. -Advocate for the plaintiff filed affidavit of service. T.O.R.
Matter Adjd for steps to 04.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: P.O is on leave.
Hence, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: CORAM -H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
Matter pertains to Cr. No.13
Adv. Poonam Patil h/f Adv. Manendra Pandey for plaintiff is present and tendered draft CS for amendment. O-Leave granted to register draft CS.
Matter is adj to 04.01.2024 for tendering registered CS and filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: CORAM - H. H. J. Shri. V. D. KEDAR, JUDGE (C. R. No. 14)
Matter pertains to C. R. No.83.
Adv. Tanvi Purecha for plaintiff is present and tendered registered Ch/s. No2217/2023 along-with affidavit. TOR.
She has also filed affidavit of service of Ch/s. On defendant. However, it was returned unserved. The plaintiff is directed to serve the notice of Ch/s. Upon the defendant by RPAD again.
Matter stands Adj for affidavit of service to 07.03.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Matter pertains to C. R. No. 83.
Adv Poonam Patil for plaintiff present.
She filed affidavit of service. t.o.r. marked as Exh. 36. O- Seen.
It is submitted that copy of CS is served upon the defendant through RPAD. To substantiate her contention the Ld. Adv for plaintiff has filed photo copy of postal receipt along with track consignment report. Upon perusal of same it reveals that the item was delivered on the addressee / defendant on 08/01/2024. However the defendant failed to file reply to CS, it is proceeded without reply.
Heard Ld. Adv for plaintiff.
Order below Chamber Summons no. 2217 of 2023 -
The Chamber Summons is taken out for correcting the address of the defendant in cause title. It is submitted that the address of the defendant has been changed and thus the plaintiff wants to carryout amendment to that effect. Therefore, considering the request, the Chamber Summons no. 2217 of 2023 stands allowed. The plaintiff to carryout amendment within 14 days as per schedule. Chamber Summons no. 2217 of 2023 stands disposed of.
Matter stands Adj for Compliance on 18/04/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Poonam Patil for plaintiff present.
None for defendant.
Matter is adjourned to 03.07.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Adv Aditya for plaintiff present.
None for defendant.
Adv for plaintiff tendered copy of amended plaint taken on record.
Matter is adjourned to 04.09.2024 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: By Precipe
Adv. D. J. Jani for defendant present and filed VP taken on record and marked as Exh. 37.
Matter is adjourned to 04.09.2024 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv. Ayushi Chauhan for plaintiff present and filed service affidavit taken on record and marked as Exh.38.
Matter is adjourned to 16.12.2024 for order .
Next Purpose: ORDER
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: Adv. Ayushi Chauhan for plaintiff present.
Matter is adjourned to 10.03.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: Adv. Ayushi Chauhan for plaintiff present.
Order - The stage ought to have been for steps by plaintiff, however, the roznama shows it is kept for order. Hence the roznama is accordingly corrected.
Later on
Adv. P. M Bhatt for defendant present.
Matter is adjourned to 07.05.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: By precepe
Adv. Tanvi Purecha for plaintiff present and draft Notice of Motion along with supporting affidavit taken on record. Order - Leave granted to register Notice of Motion.
Matter is adjourned to 07.05.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Adv. Tanvi Purecha for plaintiff present and tendered original NM No.1679/2025 along with supporting affidavit and affidavit of service of NM. TOR.
Matter is adjourned to 13.08.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: Adv. Tanvi Purecha for plaintiff present.
Adv. D. J. Jani for defendant present and filed reply to NM No.1679/2025. TOR.
Copy of reply supplied to Adv. Purecha.
Matter is adjourned to 17.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Tanvi Purecha for plaintiff present.
Matter is adjourned to 07.01.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: Adv. Tanvi Purecha for plaintiff present.
Adv. D. J Jani for defendant present.
Matter is adjourned to 27.03.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. Tanvi Purecha for plaintiff present.
Adv. D. J. Jani for defendant present.
Matter is adjourned to 17.06.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Tanvi Purecha for plaintiff present.
Adv. D. J. Jani for defendant present.
Heard argument of both the sides on NM.
ORDER ON NM NO.1679/2025
Plaintiff moved this notice of motion with a prayer to condone delay of 45 days in tendering Summons for Judgment on record. Notice of motion is supported by an affidavit. Accordingly defendant filed detail reply affidavit. I have gone through rival affidavits and heard both learned advocates.
Plaintiff contended that plaintiff is a senior citizen and his P.O.A i.e his son was residing at Chattisgarh. Because of demise of family member it was not possible for him to attend Court diligently. Ld. Adv. for plaintiff submits that in roznama dt.04.09.2024 matter was wrongly kept for order and that stage was corrected as per roznama dt.10.03.2025. Ld. Adv. for plaintiff relied on Judgment of Honble Bombay High Court in case Emirates Islamic Bank V/s Chandra Dev Narain Singh and Ors in Suit No.5190/2000 order dt.11.04.2014.
Per contra, Ld. Adv. for defendant submits that delay is not properly calculated. Grounds are not satisfactory. There is inordinate delay in tendering Summons for Judgment. So notice of motion may be dismissed.
I have gone through record and proceeding. Initially this suit was registered as Commercial Suit No.873/2021. As per order on preliminary issue dt.31.03.2023 it was directed to department to convert the suit in to Summary Suit. Accordingly in the year 2023 this suit was re-registered as Summary Suit. In response to writ of summons defendant appeared on 26.07.2024 i.e within 10 days. However, plaintiff did not file draft Summons for Judgment.
Present notice of motion is moved on 11.03.2025. It is pertinent to note that draft Summons for Judgment is not filed alongwith this notice of motion. As per Rule 119(4) of the Bombay City Civil and Sessions Court Rules, 1948 if Summons for Judgment is not tendered within 6 months, suit shall be taken down for dismissal order. However, this suit was never kept for dismissal order for want of Summons for Judgment. In the case of Emirates (Supra) Honble Bombay High Court was dealing with Rule 226 and 227 of the Bombay High Court Original Side Rules. So these Rules cannot be pressed in to service to a suit which is pending in City Civil Court.
In this suit plaintiff is seeking Money Decree with interest. Grounds mentioned in the notice of motion are satisfactory. Fair opportunity should be given to plaintiff to tender draft Summons for Judgment on record. Considering delay on the part of plaintiff, cost can be imposed on plaintiff. Notice of motion thus succeed. Hence, order.
ORDER
1.Notice of Motion No.1679/2025 is allowed and delay in tendering Summons for Judgment is condoned subject to cost of Rs.10,000/-.
2.Out of above referred cost, plaintiff shall pay Rs.5000/- to defendant and remaining 5000/- shall be deposited in DLSA, Mumbai on or before next date.
3.Plaintiff shall tender draft Summons for Judgment on record on next date without fail.
4.Payment of cost is condition precedent for filing Summons for Judgment.
5.Notice of Motion is disposed of and it shall form part of record.
Matter is adjourned to 28.07.2026 for Compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2026
Date: 28-07-2026
Business: Adv. Gokul Thannissery i/b Adv. Manindra Pandey for plaintiff is present.
Adv. D. J. Jani for defendant is present.
Exh.39 - Compliance pursis filed by plaintiff. Cost Rs.5000/- each paid to DLSA, Mumbai and defendant.
Adv. for plaintiff filed draft SJ along with supporting affidavit taken on record. Order - Leave is granted to register SJ.
Copy be served to other side.
Matter is adjourned to 28.08.2026 for Tendering registered SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: N.O.B.T.O.B
Adv. D. J. Jani for defendants is present.
Exh.40 - Praecipe filed by Adv for defendants. O - Allowed.
Exh.41 - Reply/leave to defend filed by defendants. It is taken on record as it is filed within time.
Copy be served to other side.
Matter already adjourned to 28.08.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: Adv. Gokul Thannissery i/b Adv. Pandey for plaintiff is present.
Adv. D. J. Jani for defendant is present.
Adv. for defendants submit that copy of Exh.41 is already served on other side. Adv for plaintiff requested for time to argue SJ as arguing counsel is not available due to some ailment.
Record shows that plaintiff yet not tendered registered SJ. Plaintiff shall tender it on next date.
Matter is adjourned to 01.10.2026 for Tendering registered SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2026