Shitlaprasad Baijyanath YadavVsAnand P. Phondkar

Date: 13-08-2019
Business: Matter called out (11.45am)
Matter not traceable.
Adv.Suresh Barne for plaintiff present.
Adv.Babu M.B for defendant present.
Plaintiff filed service affidavit.
Matter adj for written statement on 11/09/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Matter called out(12.22pm)
Adv.Suresh Barne for plaintiff present.
Adv.Babu for defendant present.
Defendant is serve on 08/08/19. AT the request of adv.for defendant further time of 30days is granted.
Matter adj for written statement on 04/10/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Court is busy recording of evidence on Suit No.7355 of 2003.
Adv.G.S.Bhat for defendant present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of motion handed-over to the defendant for registration.
Matter is adj to 04/12/19 for reply on N/M
Later on
Adv.Suresh Barne for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Matter called out(3.20pm)
Adv.Suresh Barne for plaintiff present filed reply on N/M No.4347/19.
Adv.Babu M.B h/f Adv. G.S.Bhat for defendant present tendered registered N/M No.4347/19.T.O.R
Heard both the side on N/M No.4347/19.
Matter is adj to 05/12/19 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Court is busy in recording of evidence of Suit No. 7827/98.
None present.
F.R.S.R following order is passed on N/M No.4347/19.
ORDER
1.Notice of Motion No. 4347 of 2019 is hereby allowed subject to the condition of payment of cost of Rs. 2,000/- to be payable by the defendant to the plaintiff.
2.After the payment of the aforesaid cost, the defendant be allowed to file Written Statement on record.
3.Notice of Motion No. 4347 of 2019 is disposed off accordingly.
Matter is adj to 19/12/19 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Matter is called out at 1.11pm
Adv.Suresh Bane for plaintiff present.
Adv.Babu M.B. for defendant present.
Defendant inform that he has paid the cost.
WS of defendant be taken on record.
Matter not traceable.
Matter is adj to 21/03/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 17.07.2020 for Framing Issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-01-2021

Date: 01-01-2021
Business: Wrongly on board, matter is adjd to 04.01.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present both the sides.
Matter wrongly posted in Vacation. Hence taken on today\''s board and adjd to 06.03.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None for plaintiff.
None for defendants.
Court busy in other matters. Hence adjd.
Adjd to 25.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: PO is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 15.07.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: As PO is on leave.  Matter is adjd to 13.08.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.30 pm
None present.
Matter adjd to 30.08.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.11 pm
None present.
Matter adjd to 22.09.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None present for plaintiff.
None present for defendant.
K.B. L.O. at 4.15 p.m.
None present. Matter is showing for the framing of issues. However, admission and denial are not filed by the parties.
Matter adjd to 21.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.31 pm,
Adv.Suresh Barne for plaintiff present. On oral request matter adjd.
Matter adjd to 22.11.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.00 p.m.
None present.
                            ORDER BELOW EXH.01
Both parties are absent. They failed to file admission and denial. Hence, suit to proceed without admission and denial of the parties.
Matter adjd to 15.12.2021 for CMH/framing of issues.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None present for plaintiff.
None present for defendant.
Parties to file draft issues.
In view of SOP dated 6.1.2022, matter adjd to 04.02.2022 for CMH/Issues.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 25.02.2022 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.40 pm,
None present.
Matter adjd to 05.03.2022 for framing of issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.00 pm,
    This suit is in respect of damages and compensation. There are elements of settlement. Hence, suit is referred to lok-adalat. Issue notice to parties.
Matter adjd to 12.03.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
None present.
Matter Adjd to 06/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv.Suresh Barne for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft notice of motion (O-26) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The plaintiff to serve copy of draft notice of motion and affidavit to the defendant.
Matter adjd to 30.06.2022 for service affidavit in NM and reply therein.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None present.
KB.
Adv. Suresh Barne Present for Plff.
None present for deft.
Adv of plff tendered registered NM 1846/2022 along with affidavit.
Ex.08. Adv of plff filed service affidavit of NM 1846/22 along with postal tracking report.
As per service affidavit and tracking report deft served with NM 1846/22 on 23/06/2022.
Adj. For reply to NM 1846/22 by deft on 25/07/2022.
Next Purpose: REPLY
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Ravindra Mungekar h/f. Adv. Suresh Bavne for plaintiff present.
None present for defendant.
Defendant has not filed reply on NM No.1846 of 2022.
Hence, Notice of Motion be proceeded without reply.
Case adjourned for hearing on Notice of Motion to 08/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Suresh Barne Present for Plff.
Adv. Babu M. B. h/f Adv G. S. Bhat Present for Deft.
Adv of deft seek time for filing NM to set aside no reply order on NM 1846/22.
Adj. For Hearing on NM 1846/22 on 25/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Babu M.B h/f Adv. G.S. Bhat for defendant is present and filed draft NM for setting aside order dt. 25.07.2022 a/w affidavit.  O: Leave granted to register NM.
Advocate of defendant has filed reply to NM No. 1846/2022. It will be taken on record subject to order passed on the NM filed today by the defendant.
Case is adj for tendering register NM and hearing on NM No. 1846/2022  to 17/09/2022.
Lo at 12.00
Adv. Suresh Bami for plaintiff is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Manish Barade Present for Plff.
Adv. Babu M. B. H/f Adv. G. S. Bhat Present for Deft.
Adv of deft tendered registered NM 3239/22 along with affidavit. Copy served to otherside.
Adv of plff seeks time to file reply to NM.
Adj. For Reply on NM 3239/22 and Hearing on NM 1846/22 on 10/10/2022.
Next Purpose: REPLY
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Manish Barne Present for Plff.
Adv. G. S. Bhat Present for Deft.
Adv of plff has given reply overleaf on NM 3239/22.
Adv of deft seeks time for hearing on NM. Granted.
Adj. For Hearing on NM 1846/22, NM 3239/22 on 01/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Suresh Barane Present for Plff.
Adv. Babu M. B. h/f Adv. G. S. Bhat Present for Deft.
Adv of deft seeks adjournment for hearing on NM on the ground that his senior adv has some personal difficulty. Otherside has objected for adjournment. As such to have an opportunity adj. Granted.
Adj. For Hearing on NM 1846/22, 3239/22 on 28/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Suresh Barne Present for Plff.
Adv. G. S. Bhat Present for Deft.
Heard argument adv of both parties on NM 1846/22, NM 3239/22.
Adj. For Order on NM 3239/22 and NM 1846/22 on 13/12/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: court is on Leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: None Present for Plff.
None Present for Deft.
Exh.09- Order on NM 3229/22.
F.R.S.R. following order passed on NM 3239/22.
1. Notice of Motion No. 3239/2022 is allowed subject to costs of Rs.1000/- to be paid to plaintiff till next date.
2. After compliance of above condition, the reply to N.M. No.1846/2022 will be taken on record.
------------------
Adj. For Compliance of Order on NM 3239/22 and hearing on NM 1846/22 on 03/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: None Present for Plff.
Adv. Babu I/b Adv. G. S. Bhat Present for Deft.
Adv of deft seeks time for complying the order dt.06/01/2023. Granted.
Adj. For Compliance and hearing on NM 1846/22 on 06/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv Suresh Barne for plaintiff present.
Adv Babu for defendant h/f J. S. Bhatt
Adv of plaintiff contended that he had received cost of Rs.1000/- as per order dated 06.01.2023 passed on NM no. 3239/22. Therefore, reply to NM no. 1846/2022 is taken on record and marked as Exh.10. Copy already served.
Case adjd for hearing on NM no. 1846/2022  to 06.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Suresh Barne for plaintiff present.
Adv. Babu M.B i/b Adv. G.S. Bhat for defendant present.
Heard argument of Adv.of plaintiff on NM No. 1846/22.
Adv.of defendant seeks adjournment on the ground that Adv.on record is busy in Honourable High Court. Adjournment granted for hearing on NM No.1846/22 by defendant.
Case adjd for hearing on NM 1846/22 to 21.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023

Date: 03-04-2023

Date: 19-06-2023

Date: 03-07-2023

Date: 18-07-2023

Date: 28-08-2023
Business: None present.
KB
L.O at 01.35 p.m.
Adv. Suresh Barne for plaintiff is present.
Adv. Babu M.B i/b G.S.Gharat for def. is present.
Heard adv. for plaintiff on the point of maintainability of the suit as a commercial suit.  Ld. adv. admitted that the dispute between the parties is not a “Commercial Dispute” as defined in Sec 2(1)(c) of the Commercial Courts Act, 2015. Therefore, the  suit is not triable as a Commercial Suit hence, the registry of this court is hereby directed to re-register the suit and assign the matter to some other court other than a Commercial Court. The plaintiff and the defendant are directed to appear before the concerned court on 11/09/2023.
Matter is adj for compliance to 11/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: None present.
Matter stands adjourned for compliance on 06-12-2023.
Adv. Barne present for plaintiff.
Matter is already stands adjourned for compliance on 06-12-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv.Ravindra Munagekar h/f Suresh Barne present for plaintiff.
Adv.Babu i/b G.S. Bhat present for defendant.
Matter stands adjourned for steps on 06-02-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
None present.
Kept back.
Later on called out at 12.27 p.m.
Adv. Ravindra Mungekar h/f Adv. Barne for plaintiff present.
None present for defendant.
Matter stands adjourned to 24.04.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv.Deepali Bhoir present for plaintiff.
Adv.Babu M.B. present for defendant.
It appears that as per Roznama dated 28-08-2023,  the suit is directed to be re-registered as Summary Suit, the defendant is already appeared, hence, the plaintiff was required to take out Summons for Judgment, but failed to take out Summons for Judgment after the re-registration of the suit as summary suit, hence, matter kept for dismissal as per the provisions of Rule 119 (4) of Mumbai City Civil Court Rules.
Matter stands adjourned for dismissal on 09-07-2024.
Next Purpose: DISMISSAL
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: Adv.Suresh Barne present for plaintiff. He pointed out that the suit was initially registered as commercial suit, the defendant was appeared and filed written statement. When the matter was fixed for framing of issues, it came to be converted in to summary suit and transferred to this court. The plaintiff do not want to take out Summons for Judgment and requested to keep the matter for framing of issues and to grant him to time to tender draft issues. Hence, matter be kept for framing of issues.
None present for defendant.
Matter stands adjourned for framing issues on 23-09-2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-07-2024

Date: 17-07-2024
Business: wrongly on TOR.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Move by praecipe, matter taken on board.
Praecipe marked as Exh.13.
Ms. Shweta Korgaonkar, authorised person of Mr. Anil Korgaonkar present. She requested to grant permission for withdrawal of Commissioners fees.
It appears that as per the roznama dated 03.04.2023, commissioner was directed to be appointed subject to depsoit of commissioner fee of Rs.5,000/-. As per the report, an order dated 06.04.2023, Advocate Anil L. Korgaonkar is appointed as commissioner. The plaintiff has deposited the amount of commissioner fees on 02.05.2023. Accordingly, the commissioner has submitted the report on 19.06.2023. Thus, the commissioner is entitled for commissioner fees of Rs.5,000/-, hence, PLA Department is directed to pay the commissioner fees of Rs.5,000/- to Mr. Anil Korgaonkar, as per rule.
Matter already stands adjourned to 23.09.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: None present for plaintiff.
Adv. Sarvesh Tiwari present for defendant.
Issues are framed Exh.14.
Issues
1. Does the plaintiff prove that the defendants are in due at Amount of Rs. 10,00,000/-
2. Does the plaintiff prove that it is entitled to charge interest at
12 percent per annum
3. Is the plaintiff entitle for the relief sought
4. What order and decree
Plaintiff is directed to file list of witness, evidence in chief as well
as documents as per list on next date.
Matter stands adjourned for R/E on 05-12-2024.
Later On at 12.58 pm
Adv. Ravindra Mungekar present for plaintiff.
Matter is already adjourned for R/E on 05-12-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: None present.
Kept back.
Later on at 12.50 pm.
None present for plaintiff.
Adv. Sarvesh Tiwari present for defendant.
Matter stands adjourned for R/E on 31-01-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
Matter is of recording of evidence. It is summary suit for recovery of amount. There are elements of settlement. Hence, parties are referred to mediation.
Matter stands adjourned to 12-08-2025 for mediation report.
Next Purpose: REPORT
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: None present.
Kept back.
Later on at 4.45 pm.
None present.
Matter stands adjourned to 27-10-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: P.O is on leave
Next Purpose: REPORT
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: None present.
Kept back.
Later on at 4.30 pm.
None present.
Matter stands adjourned to 16-03-2026 reports.
Next Purpose: REPORT
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: In view of the Sr.No.1 bearing No.265/1984 having age more than 40 yrs is fixed for final argument and ld. advocate for the plaintiff is ready for the argue and due to paucity of time the rest of the board being apprised that first half specially mean for civil matters as this court is also having charge of criminal matters regularly kept in second session hence, due to paucity of time unable to take up the rest of the matters. Hence, adjourned.
Matter stands adjourned to 28-07-2026 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
None present.
Matter adjourned to 10.09.2026 for service.
                                                                                                Judge
Next Purpose: SERVICE
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: None present.
Matter adjourned to 16.11.2026 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-11-2026

NOTICE OF MOTION/104347/2019
NOTICE OF MOTION/103239/2022
NOTICE OF MOTION/101846/2022

Registration Number: 100774/2023
Transfer Date: 14-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100774/2023
Transfer Date: 20-05-2021
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100774/2023
Transfer Date: 31-08-2023
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100774/2023
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100774/2023
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Registration Number: 100774/2023
Transfer Date: 18-07-2026
From Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE
To Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Filing Number: 101881/2019
Filing Date: 13-02-2019
First Hearing Date: 13th August 2019
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE