Mrs. Shubhangi Sahadeo GhadiVsShri. Suryakant Ramchandra Ghadi +1 more

Date: 09-04-2019
Business: Adv. Nirmala Bhosle for Plaintiff present.
Issue writ of summons against defendant for settlement of issues and filing written statement through Bailiff.
Adj for service to 18.06.2019.
L.O.
Plaintiff is Senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Court is busy in dictating order hence, Board is discharged.
Case is adjourned to 02.08.2019 for Service.
Time extended to serve writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Court is busy in recording evidence in suit no.9168/92 and other matter, hence first session board is discharged and case is adjourned to 22/11/2019.
Advocate Vasant Dhavan for Defendant no.1 present and filed vakalatnama, t.o.r.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv.Ms.Nirmala Bhosale along with Plaintiff present and submitted that defendant has already filed written statement at Exh.3 and its copies served upon plaintiffs.
None present for Defendant.
Considering submission parties are directed to file draft issues.
Case is adjourned to 20/04/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present for Plaintiff/s.
 None present for Defendant/s.
Court is busy in  other matters hence, As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for filing draft issues to 08.04.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for both the parties.
In view of the SOP issued by Hon’ble High Court, considering the present pandemic condition, as there is no urgency, matter is adjd. at same stage till next date.
Matter is adjd. for draft issues to 03.07.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As per circular No.106 dt.14.06.2021 holiday declared on 03.07.2021 hence matter adjourned to 05.07.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present for both parties.
Court is busy in other matters hence, for want of time this matte ris adjd. for draft issues/framing of issues.
Matter is adjd. for draft issues to  24.02.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Mr. Panjabi h/f Adv Ms. Nimala Bhosale present for plff. and seeks adjournment for draft filing issues.
None present for deft.
Court is busy in other matters hence, matter is adjd. for filing draft issues to 08.06.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv.Nirmala Bhossale for plaintiff present.
None present for defendant.
On oral request of pltff. adjd for filing draft issues.
Matter adjd to 15.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None present for plaintiff.
Adv.Vasant Dhawan for defendant No.1 present. He filed draft issues.
Plaintiff is absent. No draft issues filed by the plaintiff.
Matter adjd to 08.09.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv.Prajakta Sawant h/f.Adv.Nirmala Bhosale for plaintiff present.
Adv.Vasant Dhawan for defendants present.
Adv. of pltff. filed adjournment application t.o.r. and marked as Exh.3. O-Last chance is granted.
Copy of draft issues filed by the deft. is received by the plaintiff.
Matter adjd to 15.11.2022 for draft issues by the pltff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Ms. Nirmale Bhosale for plaintiff present.
Adv. Vasant Dhavant for the defendant present.
The plaintiff filed draft issues t.o.r. marked as Exh.4.  Copy is received by the defendant.
Matter adjd to 07.01.2023  for framing of issues.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None present for both sides.
KB
LO at 04.50 pm
Issues are framed, Exh.5.
Matter adjd to 04.03.2023 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: HHJ is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv.Nirmala Bhosale for plaintiff present.
Adv.Vasant Dhawan for defendant present.
On oral request of plaintiff matter adjd to 28.07.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Adv- Nirmala Bhosale for plaintiff present-
Adv Vasant Dhawan for defendant present-
On the reqeust of plaintiff by consent matter is adjd-to 27-09-2023 for R/E-
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. Tausif Shaikh for plaintiff present.
Adv. Vasant Dhawan for defendant present.
On the request of plaintiff counsel the matter is adjourned as a last chance for adducing evidence to the plaintiff.
Matter is adjd.to  06-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Adv. Nirmala Bhosale  for plaintiff present and filed examination of chief of PW - 1 Shubhangi taken on record marked as Exh.6
She also filed list of document along with 5 documents taken on record marked as Exh.7
Adv. Vasant Dhawan for defendant present.
Matter is adjourned to 12-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Adv. Prajakata Sawant  for plaintiff present.
Adv. Vasant Dhawan for defendant present.
Matter is adjourned to  26-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: None for plaintiff.
Adv. Vasant Dhawan for defendant present.
The Ld. Counsel for  defendant has already tendered reply on the admissibility of documents relied upon by the plaintiff. The said reply is marked as Exh.8
Matter is adjourned to 27-03-2024 for Hrg on admissibility of documents of the plaintiff.
Next Purpose: HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Adv. Nirmala Bhosale a/w  plaintiff present and filed chief examination of DW-1 Shubhangi Sahadeo Ghadi  It is taken on record and marked as Exh.6
She also filed list of documents It is taken on record and marked as Exh.7
Adv. Vasant Dhawan  for defendant present.
Below list Exh. 7 plaintiff has filed total five documents and asking for marking as an exhibit to those documents. Vide reply Exh. 8 defendant has given his no objection for marking exhibit to the document at serial no. 1 but denied rest of the documents.
The death certificate of the husband of plaintiff filed at serial no. 1 is the original copy so no hurdle to mark it as a Exh. 9. The documents at serial no. 2, 3 and 4 are the xerox copies so it is not admissible in evidence. The document at serial no. 5 is the notice issued by the plaintiffs counsel to the defendant. Admittedly it does not bear the signature of plaintiff but the fact of receipt of notice is acknowledged by the defendants so  this document can also be marked as Exh. 10
Matter is adjourned to 19-07-2024 for cross of the plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Adv. Nirmala Bhosale for plaintiff present.
Adv.  Vasant Dhawan for defendant present.
On the oral request of plaintiff counsel matter is adjourned for cross examination.
Matter is adjourned to  31-08-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Adv. Rachana Puralkar h/f. Adv. Nirmala Bhosale for plaintiff present but she is absent for cross-examination.
None for defendant.
Matter is adjourned to   05-10-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Adv. Nirmala Bhosale for plaintiff present.
Adv. Vasant Dhawan for defendant present.
Matter is adjourned to 20.11.2024 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: Vide Office Order No.273/2024, Dtd.14.11.2024 holiday was declared on 20.11.2024 on account of Maharashtra State Legislative Assembly Election, 2024. Hence, matter is adjourned to 24.12.2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: None for plaintiff present.
Adv. Vasant Dhawan for defendant present.
Since last three four dates neither plaintiff nor her counsel remained present. Hence matter be fixed for further order against plaintiff on next date.
Matter is adjourned to 12-02-2025 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: Adv Ms Nirmala Bhosale for plaintiff present.
Plaintiff is present.
None for defendant.
Adv for plaintiff filed application for removing matter from the caption of order, it is taken on record marked as Exh-11.
Later on at 12.08 pm,
Adv. Vasant Dhawan for defendants present.
Ld. Counsel for plaintiff tendered draft NM alongwith affidavit in support.
Copy of the same furnished to other side.
O- Leave to register draft NM is granted.
Matter is adjourned to 18.03.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Adv. Nirmala Bhosale for plaintiff present and tendered registered NM No. 1188/25 alongwith affidavit in support.
Adv. Sanket Dhawan for defendant present and seeking time to file reply on NM.
Matter is adjourned to 07.04.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv. Nirmala Bhosale  present for plaintiff.
Adv. Sanket Dhawan present for defendant and tendered rejoinder in NM No. 1188/2025. It is taken on record and marked as Exh.12.
Matter is adjourned to 24.06.2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: Adv. Nirmala Bhosale for plaintiff present.
Adv. Sumit Chaudhary for defendant present.
Matter is adjourned to 24.09.2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: Adv. Nirmala Bhosale for plaintiff present.
Adv. Sanket Dhawan i/b Adv. Vasant Dhawan for defendant present.
Heard advocate for the plaintiff and defendant on NM No. 1188/2025.
Order passed in Notice of Motion No. 1188/2025
The plaintiff states that her husband Sahadev Ramchandra Ghadi worked in Radhakrishna Ramnarayan Company Ltd. She is the only legal heir of her husband. Her husband is allotted monthly pension under the Employees Family Pension Scheme, 1971. The employer company had issued a certificate dated 21.05.1986 that her husband was their employee and member of the Provident Fund Account Number MH/4795/423. The company had also issued a letter dated 21.05.1986 to the regional PF Commissioner confirming her husbands employment and provident fund account number. Her husbands name was recorded in the Muster Roll of the company at the time of his death. The plaintiff states that she is receiving the pension as the legal heir of her husband. She has already produced all the documents along-with her affidavit of examination-in-chief.
The plaintiff states that the original documents have lost/misplaced and she could not find them, despite diligent search. So she has prayed to produce the Xerox Copies of these documents as Secondary evidence in the Court.
Against this the advocate for the defendants has opposed this application. He states that there is no foundational evidence to accept the xerox copies as secondary evidence, these documents are not admissible in evidence. The contents of these documents are not proved. He states that there is no foundational evidence that the xerox copies are true copies of the original documents. He has prayed to reject this notice of motion.
I have read section 63 and 65 of the Indian Evidence Act. The secondary evidence means and includes the copies made from the original documents by mechanical processes. Secondary evidence can be given when the original documents have been destroyed or lost or when the original is a public document. In this case the certificate dated 21.05.1986 issued by “Radhakrishna Ramnarayan Ltd.” is a certificate issued by Company that the husband of the plaintiff is the employee of their company and he is member of the Provident fund account. The second letter is issued by the same company to the Regional Provident Fund Commissioner that the Late husband of the plaintiff was their employee and he was holding Provident Fund account. The third document is the Certificate from the Employees Family Pension Scheme 1971 that the plaintiff is the widow of her husband and entitled for the pension of her husband. I am of the view that all these documents are public documents and the third document is issued by Government Office. The original documents have been lost or misplaced. The plaintiff is not at her fault for non availability of original documents. These documents can be accepted as secondary evidence. On the other hand no loss will be caused to the defendants if these documents are accepted as secondary evidence. So I allow the plaintiff to adduce secondary evidence in respect of these documents.
ORDER
1. The Notice of Motion No. 1188/2025 is hereby allowed.
2. The plaintiff is allowed to produce the documents i.e.
i. copy of certificate dated 21.05.1986 issued by Radhakrishna Ramnarayan Company Ltd. that Mr. Sahadev Ramchandra Ghadi was their employee and member of Provident Fund,
ii. The copy of letter dated 21.05.1986 issued by Radhakrishna Ramnarayan Company Ltd. to the regional PF commissioner
iii. The copy of the certificate from the Employees Family Pension Scheme 1971 alongwith the passbook are allowed to be submitted as secondary evidence in the Court.
3. These documents are exhibited in the evidence of the plaintiff. 4. The notice of motion is hereby disposed off.
Matter is adjourned to 10.12.2025 for steps .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: None for plaintiff.
Adv. Shubham Yadav for defendant present.
Matter is adjourned to 13.01.2026 for steps/evidence of the plaintiff (PH).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Nirmala Bhosale for plaintiff present.
Adv. Vasant Dhawan for defendant present and requested for time to take steps.
Kept Back.
Later on at 12.05 pm
Adv. Nirmala Bhosale for plaintiff present.
Order below Exh.7
In view of the order passed in NM no. 1188/2025 dated 14/10/2025. Document at Sr. No. 2, 3 and 4 are marked as Exhibits 13, 14 and 15.
Matter is adjourned to 25.02.2026 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Nirmala Bhosale for plaintiff present.
Adv. Sanket Dhawan for defendant no. 1  present and tendered draft notice of motion alongwith affidavit in support. O- Leave is granted to register Notice of Motion. Copy of the same furnished to advocate for plaintiff.
Matter is adjourned to 08.04.2026 for tendering registered NM/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Nirmala Bhosale alongwith plaintiff present and tendered affidavit in reply in NM no. 1786/2026. It is taken on record and marked as Exh.16.
None for defendant.
Advocate for defendant is directed to tender registered NM no. 1786/2026 on next date failing which NM will be removed from the file.
Matter is adjourned to 06.07.2026 for tendering registered NM/NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff present.
Adv. Shubham Yadav i/b Adv. Vasant Dhawan for defendant No. 1 present and tendered registered notice of motion No. 1786/2026 alongwith affidavit in support.
Matter is adjourned to 11.09.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Nirmala Bhosale for plaintiff present.
Adv. Shubham Yadav i/b Adv. Vasant Dhawan for defendant No. 1 present.
As court is busy in hearing NM 1839/2026 and NM No. 1351/2026 and passing order in NM no. 1861/2026. Hence matter adjourned.
Matter is adjourned to 21.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2026

NOTICE OF MOTION/101786/2026
NOTICE OF MOTION/101188/2025

Registration Number: 100781/2019
Transfer Date: 16-05-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100781/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 102192/2019
Filing Date: 21-02-2019
First Hearing Date: 09th April 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE