Date: 15-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 08.02.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Ekta Pahunikar for plaintiff is present.
None for defendant.
Exh. 7 - application submitted by plaintiff for extension of time to serve summons. - granted.
Matter is adjd.to08-03-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Ms. Megha Jani for plaintiff present.
None for defendant.
Exh.2- Service affidavit submitted by plff. On perusal of endorsement of postal dept. Deft. has refuse to accept the summons sent by RPAD. Hence, suit to proceed Ex-parte.
Matter is adjd.to 17.03.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ms. Megha Jani for plaintiff present.
None for defendant.
Exh.3- Affidavit of evidence- of PW-1 Pundalik Achari.
Exh.4- List of documents.
In view of testimony of P.W.1, documents are marked as follows.
Exh.5- True copy of the Board Resolution dtd. 26.06.2019.
Exh.6- Copy of Mediation Application Form filed before the Mediator.
Exh.7- Non-starter report for the pre-institution Mediation.
Exh.8- Office copy of Invoice no. 000201, dtd.17.06.2015 for Rs. 5,29,698/-.
Exh.9- Office copy of Invoice no. 000259, dtd.10.08.2015 for Rs. 5,26,838/-.
Exh.10- Original Transport pass issued by the Sub-Inspector of State Excise as the same wre issued from the Bonded Warehouse under Excise Supervision against invoice 000201.
Exh.11- Original Transport pass issued by the Sub-Inspector of State Excise as the same wre issued from the Bonded Warehouse under Excise Supervision against invoice 000359.
Exh.12- Office copy of notice dtd. 23.03.2019 sent by RPAD from plff adv. to the deft. along-with original returned envelope.
Exh.13- Copy of the statement of accounts for the period from 01.04.2016 to 31.03.2021.
Exh.14- Evidence close pursis filed by plff.
Matter is adjd.to 25.03.2021 for argument at 4.00 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Ms. Megha Jani for plaintiff present.
None for defendant.
Heard argument of adv. Ms. Jani.
Matter is adjd.to 30.03.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None for plaintiff and defendant.
Exh.15- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.20,22,914/- (Rupees Twenty Lakhs Twenty-Two Thousand Nine Hundred Fourteen Only) with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Disposal Date: 30-03-2021
Date: 06-05-2023
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Dahisar Distilleries Pvt. Ltd. Vs Jalgaon Wine Agency
Adv. Megha Jani present for plaintiff.
Adv. Pankaj Shah and Adv. Akta Chaurasiya present for defendant.
Exh.16- Written Statement filed by defendant subject to objection.
Matter adjourned to 07.10.2023 for Admission / Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Dahisar Distilleries Pvt. Ltd. Vs Jalgaon Wine Agency
Adv. Megha Jani present for plaintiff.
Adv. Pankaj Shah and Adv. Archana Jha present for defendant.
Both submitted that, in view of order Dt. 06.05.2023 and Dt. 27.07.2023 issues are being framed.
Exh.17 - Issues, Case Management Hearing.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, parties, within next 30 days, to file evidence-affidavits of all witnesses.
3)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
5)
Thereafter, parties shall conclude their arguments within two weeks.
6)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Matter adjourned to 19.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Dahisar Distilleries Pvt. Ltd. Vs Jalgaon Wine Agency
Adv. Ramesh Wagh present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjourned to lead evidence
Case adjourned to 09.02.2024 for recording evidence.
Later on at 15-50 Hrs.
Adv. Pankaj Shah present for defendant.
Case adjourned to 09.02.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Dahisar Distilleries V/s Jalgaon Wine Agency
Adv. Ramesh Lad present for plaintiff.
Plaintiff witness absent.
Adv. Pankaj Shah present for defendant.
Exh.18 - List of witness is filed by defendant.
Exh.19 - Adjournment application filed by plaintiff.
Objected by defendant.
Order - adjournment application allowed for today.
Plaintiff to take steps regarding evidence.
Suit adjourned to 21.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Dahisar Distilleries V/s Jalgaon Wine
Plaintiff side called, but absent.
Adv. Pankaj Shah present for defendant.
Issues are framed on 07.10.2023.
Since, then plaintiff has not lead evidence. Put for dismissal order.
Case adjourned to 08.04.2024 for dismissal.
Later on at 12.14 Hrs.
Adv. Megha Jani present for plaintiff.
Plaintiff to take appropriate steps.
Case adjourned to 08.04.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Dahisar Distillerries V/s Jalgaon wine Agency
Adv. Megha Jani present for plaintiff.
Plaintiff witness absent.
Adv. Pankaj Shah present for defendant.
Suit is pending for evidence of plaintiff.
Plaintiff to take steps.
Suit adjourned to 05.07.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Dahisar Distilleries Vs Jalgaon Wine Agency
Adv. Raj Satam present for plaintiff.
Adv. Pankaj Shah present for defendant.
Suit is kept back.
Later on at 14.05 Hrs.
Adv. Raj Satam present for plaintiff.
Adv. Pankaj Shah present for defendant.
Exh. 20 - Adjournment application filed by plaintiff.
this application could have been filed at 11.00 a.m. itself, when the matter was called out.
Adjournment application is allowed, subject to cost of Rs. 5000/-.
From the said amount, Rs. 2500/- be paid to defendant and Rs. 2500/- be paid to DLSA, Mumbai.
Suit adjourned to 07.08.2024 for compliacne.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Dahisar Distilleries Pvt. Ltd. Vs Jalgaon Wine Agency
Adv. Megha Jani present for plaintiff.
Adv. Pankaj Shah present for defendant.
Exh.21- Application by plaintiff seeking extension of time to comply Order dt. 05.07.2024 regarding cost to be deposited with DLSA, Mumbai.
Order- Allowed.
Exh.22- Application filed by plaintiff for additional evidence.
Defendant to file reply to Exh.22.
Suit adjourned to 27.09.2024 for reply to Exh.22.
Next Purpose: REPLY
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: Dahisar Distilleries Pvt. Ltd. Vs Jalgaon Wine Agency
Adv. Megha Jani present for plaintiff.
Adv. Pankaj Shah present for defendant.
Defendant is seeking oral adjournment.
Plaintiff submitted for suitable Orders.
Suit adjourned to 25.11.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
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 21.01.2025 for steps.
Later on at 12.30 hrs.
Adv. Megha Jani present for plaintiff.
Adv. Pankaj Shah present for defendant.
On oral request of both counsels, suit adjourned to 07.02.2025 for steps.
Next Purpose: REPLY
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: Adv. Megha Jani present for plaintiff.
Defendant side called, but absent.
As a last chance to file say on application at Exh.22.
Suit adjourned to 17.03.2025 for Reply/ say.
Next Purpose: REPLY
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Adv. Ankit Tiwari for plaintiff present.
Adv. Pankaj Shah for defendant present.
Ld. advocate appearing for the plaintiff is seeking oral adjournment on the ground that his Senior Counsel is busy in another court. The Ld advocate for the defendant consented for the same.
By consent matter stands Adj to 15-04-2025 at 2.45 pm and no further extension granted on any ground.
Next Purpose: REPLY
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Adv. Megha Jani for plaintiff present.
Adv. Pankaj Shah for defendants present.
Ld. advocate appearing for the plaintiff is seeking oral adjournment for taking appropriate steps in getting the plaint amended, matter stands Adj for steps/evidence on 24-07-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Adv. Megha Jani h/f Adv. Vinayak Salokhe for plaintiff present.
Adv. Pankaj Shah i/b Ekta Chourasia for defendant present.
Advocate for plaintiff submit that in view of subsequent development plaintiff want to move chamber summons for amendment in the plaint and for that she need some time. Submission is accepted and time is granted.
Matter stands Adj to 22-09-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2025
Date: 22-09-2025
Business: Adv. Megha Jani for plaintiff present.
Plaintiff yet not moved draft chamber summons for proposed amendment in the plaint.
Matter stands Adj to 30-10-2025 for step by plaintiff.
Later on at 01.00 pm
Adv. Pankaj Shah for defendants present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: None present for plaintiff.
Adv. Pankaj Shah for defendant present.
Plaintiff yet not tendered draft chamber summons and steps are not taken. So keep it for dismissal order .
Matter stands Adj to 12-11-2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: Adv. Megha Jani for plaintiff present.
Representative of Plaintiff Pundalik Achari is present.
Adv for plaintiff filed draft Chamber Summons along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy be served on other side.
Matter stands Adj to 04-12-2025 for tendering registered Ch/Sum.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: Adv. Ramesh Lad for plaintiff is present.
Adv. Pankaj Shah i/b Ekta Choursia for defendant is present.
Adv for the plaintiff filed registered Chamber Summons No.2944/2025 along with affidavit in support. TOR.
Copy served to other side.
Matter stands Adj to 20/01/2026 for reply on Ch/s by defendant.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Adv. Megha Jani for plaintiff present.
Adv. Pankaj Shah i/b Ekta Chaurasia for defendant present.
Today matter is posted for reply on Chamber Summons by defendant. Advocate for defendant submit that time may be granted to file reply as he is seeking instruction from his client. Submission is accepted, as a last chance and time is granted for filing reply on Chamber Summons.
Matter stands Adj to 18-02-2026 for reply on Ch/Sum.
Next Purpose: C/S REPLY
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: P. O. IS ON LEAVE
ADJD TO
Next Purpose: C/S REPLY
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: Adv. Smita Panchal h/f Adv. Vinayak Salokhe for plaintiff present.
Adv. Pankaj Shah i/b Ekta Chourasia for defendant present.
Exh.23 Reply to chamber summons 2944/2025 filed by defendant.
Copy is served on other side.
Matter stands Adj to 07-07-2026 for argument on Ch/Sum.
Next Purpose: C/S HEARING
Next Hearing Date: 07-07-2026
Date: 07-07-2026
Business: Adv. Hitasvi Sanghavi for plaintiff present.
Adv. Pankaj Shah i/b Ekta Chourasia for defendants present.
Heard argument of both sides on Ch/Sum 2944/2025.
ORDER IN CHAMBER SUMMONS NO.2944/2025
The Chamber Summons is filed by the plaintiff for amendment in the plaint to add para 11 (a) to the plaint. By filing reply the same is objected. Heard Adv. Sanghavi for plaintiff and Adv. Pankaj Shah for defendant. According to Adv. Sanghavi the suit was initially decreed ex-parte on 30.03.2021 and plaintiff filed Spl. Darkhast No.02/2022 before Jalgaon Court. The defendant appeared and issued two cheques of Rs.10,00,000/- and Rs.5,00,000/- towards part payment and Rs.12,99,736 with interest remained. The subsequent event is necessary to brought on record as the suit was restored. Whereas Adv. Shah submitted that the chamber summons is not maintainable and if allowed it will caused few days to the defendants, hence, prayed for dismissing the Chamber Summons with costs.
From the pleadings and the arguments advanced, it is not disputed that the suit was decreed ex-parte on 30.03.2021 and thereafter the plaintiff filed Spl Darkhast No.02/2022 before the Civil Judge, Senior Division, Jalgaon. The defendant appeared there and made part payment of Rs.15,00,000/- by two cheques. The record further reveals defendant moved NM 706/2023 for setting aside the Judgment and decree. It was allowed on 06.05.2023 wherein the ex-parte Judgment and decree was set aside and the suit was restored. The proposed amendment which the plaintiff wants to incorporate is nothing but the subsequent events. This court is surprised as to the objection raised by defendant to the amendment, because by way of said amendment, the amount of part payment made by the defendant will come on record and in case the suit is decreed, the same can be adjusted. Therefore, it is in the interest of the defendant also that the amendment is allowed and in made part of record. Hence, following order ORDER
1.
The Chamber Summons No.2944 of 2025 is allowed in terms of prayer (a) and (b).
2.
The plaintiff to carry out amendment within stipulated period.
3.
The Chamber Summons is disposed of accordingly.
Matter stands Adj to 04-08-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: Adv. Hitasvi Sanghavi h/f Adv. Vinayak Salokhe for plaintiff present and prayed for time to carry out amendment.
O- Granted as last chance.
Adv. Pankaj Shah i/b Ekta Chourasia for defendants present.
Matter stands Adj to 09-10-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-09-2026
Date: 01-09-2026
Business: (By precipe)
Adv. Smita Panchal h/f Adv Vinayak Salokhe for plaintiff present and filed an application for taking the matter on todays board. O. Allowed.
Adv. for plaintiff orally requested for extension of time to carry out amendment. O- Time extended as a last chance.
Matter already Adj to 09-10-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2026