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Commercial Suit

Sanjay Vaghji RathodVsGovernment of India +2 more

CNR MHCC01002084202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 07th May 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100413/2020
Registration Date
28 Feb 2020

Advocates

5

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020

Date: 19-06-2020

Date: 15-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Adv. Mr. Yadav for plaintiff is present.
Advocate Mr. Shriram Redi for defendant no.1 and 3 is present.
Draft NM alongwith written statement filed by deft nos. 1 and 3.
Order- Leave is granted to register the same.
Adjourned for service and reply of NM  to 18/01/2021.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None for plaintiff.
Adv. Shriram Redij  for defendants no. 1 to 3 is present, submitted registered N/M no. 11/21. It is submitted that Copy is served to other side by RPAD.
Matter is adjd.to 04-02-2021 for NM Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None for plaintiff.
Adv. Shriram Redij for defendants no. 1 and 3 present.
None for defendant no. 2
Plaintiff to clarify whether summons is served or not on defendant no. 2.
Plaintiff to submit reply on NM NO. 11/21, positively on next date.
Matter is adjd.to 01-03-2021 for NM reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Mr. M.R. Yadav for plaintiff present.
Adv. Mr. Kunal Takkar for deft nos. 1 and 3 present.
Adv. Mr. P.K. Tiwari for deft no.2 present.
Heard argument of both side on NM no.11/2021.
F.R.S.R the following order is passed on NM no.11/21.
ORDER
1. Notice of motion no. 11/21 is allowed.
2. W.S. submitted deft nos. 1 and 3 is marked vide Exh.2. (Copy served to plff.)
3. Notice of Motion no. 11/21 is disposed off accordingly.
Exh.2- W.S. filed by deft nos. 1 and 3.
Exh.3- V/P of adv. Mr. Ashutosh Shukla for deft no.2.
Exh.4- W.S. filed by deft no.2., copy supplied to plff.
Both side to submit draft issues.
Matter is adjd.to 30.03.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: None for plaintiff.
Adv. Mr. Kunal Thakkar for deft nos. 1 and 3, prayed for adjd to file draft issues.
None for deft no.2.
Matter is adjd.to 12.04.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 28.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: None for plaintiff.
Adv.Shyam Horumbe for Deft.No.1 and 3 present.
Adv. Tiwari for deft.No.2 present.
Exh- 5  Issues are framed.
Adjd to 25.08.2021 for Case Management hearing.
Next Purpose: HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: None for plaintiff.
Adv. Shriram Redij for defendant no. 1 and 3 present.
Adv.  Pathak for defendant no. 2 present.
Heard argument of  Adv. Shriram Redij for deft. no. 1 and 3 and Adv. Pathak for defendant no. 2 on the point of case management hearing
Schedule of Trial determined after case management hearing -  Exh. 6
Matter is adjd.to 03-09-2021 for list of witnesses.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv. N. R. Yadav for plaintiff present.
Adv. Asutosh Shukla  for defendant no. 2 present.
Adv. Shriram Redij for defendant no. 1 and 3 present.
Matter is adjd.to 15-09-2021 for filing list of witness.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: ne for the plaintiff.
Adv Shriram Redij for defendant no. 1 and 3 present and filed list of witness t.o.r. and marked as Exh. 7
LO
Adv Ashutosh Shukla for defendant no. 2 present.
Adv. M.R.Yadav h/f Adv N.D. Jaywant for present and filed list of witness t.o.r. and marked as Exh. 8
Adv Sanjay Rathod filed affidavit of evidence of PW-1 Sanjay Rathod in lieu of examination in chief t.o.r. and marked as Exh.9
He also filed certificate u/s 65(b) Indian evidence act 1872 marked as Exh.10
List of document marked as Exh. 11.
Matter is adjd. to 30.09.2021 for filing affidavit of evidence
by the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv. M. R. Yadav  along with plaintiff present
Adv. Krunal Thakkar for defendant no. 1 and 3 present.
Adv. Rajesh Upadhyay for deft. no. 2 present.
Adv. M. R. Yadav submitted that he has already complied the 1st two stages in Exh. 6.
Ld. Advs. For defendant no. 1 to 3 sought time for cross examination.
Matter is adjd.to 14-10-2021 for R/E (Cross examination
of PW - 1 Sanjay Rathod on Exh. 9) 12.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Shriram Redij  for defendants no. 1 & 3 present.
Adv. Asutosh Shukla for defendant no. 2 present.
Adv. M. R. Yadav for plaintiff along with witness  Sanjay Rathod  present.
Oath is administered  to witness   Sanjay Rathod . He stated on Oath that evidence affidavit Exh. 9 bears his signature and contents there are correct. He also proved documents filed with list Exh. 11   and they are marked as Exhibits  as under -
Exh.  12 colly – Xerox copies of tendered documents (page no. 1 to 165 )
Exh. 13 – work order dtd. 04-03-2017 issued by defendant no. 2  (Page No. 166 to 172)
Exh. 14 colly – Plaintiff’s letter dtd. 27-03-2017 with copy of agreement dtd. 20-03-2017. (Page No. 173 to 179)
Exh.  15 colly –plaintiff’s running bill Nos. 1 to 6  issued to defendant no. 2 (page no. 180 to 390).
Exh.  16 – Plaintiff’s email dtd. 09-02-2019 addressed to defendant nos. 2 and 3 (Page No. 391 & 392 )
Exh.  17 – Legal notice dtd. 18-09-2018 issued by the plaintiff’s Adv. to the defendants. (Page No. 193 to 404)
 Matter is adjd.to 30-10-2021 for  Cross examination of PW – 1 Sanjay Rathod  (Exh. 9) by deft. no. 2. (12.30 pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: Adv. Pradosh h/f Tiwari for plaintiff present.
None for defendant
KB 12.30pm LO
Adv. Shriram Redij for defendants no 1 and 3 present.
Adv. M. R. Yadav for plaintiff alongwith PW – 1 Sanjay
Rathod present.
Adv. Ashutosh Shukla for defendant no. 2 present.
Cross-Examination by Advocate Asutosh Shukla  for
defendant no. 2 commenced after administering oath to
the witness.
Ld. Counsel Shri Ashutosh Shukla submitted that he wants
to confront the witness with some documents and for that
purpose, he prayed for short adjournment. Considering
submission of  Ld. Counsel Shri Ashutosh Shukla, cross
examination is deferred till next date.
Matter is adjd.to 20-11-2021 for Cross-Examination
of PW-1 Sanjay Rathod by deft. no. 2 12.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv.  M. R. Yadav for plaintiff present.
Adv. Shyam Khorambe  for defendant no.  1 and 3 present.
 Adv.  Inayat Shaikh h/f Adv. Ashutosh Shukla for defendant no. 2 present and submitted that Adv. Ashutosh Shukla is not available today for cross examination and prayed for short adjournment. - considering the ground and no objection of other side, short date be given.
Witness – Sanjay Rathod present.
Matter is adjd.to 29-11-2021 for R/E P. H. (12.30pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. M. R. Yadav h/f N. D. Jaywant  alongwith plaintiff present.
Adv. Shriram Redij for defendants no. 1 & 3 for defendant present.
Adv. Ashutosh Shukla for defendant no. 2 for defendant present.
Cross-Examination by Advocate Asutosh Shukla for defendant no. 2 resumed and completed after administering oath to the witness.
Cross-Examination by Advocate Shriram Redij  for defendant no. 1 & 3 commenced.
cross examination is deferred till next dt.  due to Court time is over.
Matter is adjd.to 06-12-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv. M. R. Yadav h/f N. D. Jaywant  alongwith plaintiff present.
Adv. Shriram Redij for defendants no. 1 & 3 for defendant present.
Adv. Ashutosh Shukla for defendant no. 2 for defendant present.
Cross-Examination by Advocate Shriram Redij  for defendant no. 1 & 3 resumed after administering oath to witness PW – 1 - Sanjay Rathod .
cross examination is deferred till next date due to Court time is over.
Matter is adjd.to 04-01-2022   for R/E P.H. (Cross-Examination
PW – 1 - Sanjay Rathod . )
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. M. R. Yadav along with  plaintiff present.
Adv. Sham Borambe  h/f Adv. Shriram Redij for defendant 1 and 3 present and submitted that  Adv. Shriram Redij is not feeling well and therefore, short date may be given in the matter.  He further submitted that Adv. for the plaintiff Shri. M. R. Yadav are informed in advance.
Adv. Pathak h/f Adv. Ashutosh shukla for defendant no. 2 present.
Considering submission of Adv. Sham Borambe, short date be given.
Matter is adjd.to  21-01-2022 for Cross examination of
PW – 1 Sanjay.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None for plaintiff.
None for defendant no.2.
Adv. Mr. Shriram Redij for defendants no.1 and 3 present.
Matter is adjd.to  04-02-2022 for cross-examination of
PW 1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Adv. Mr. M.R.Yadav @ plaintiff Sanjay Rathod present.
Adv. Mr. Shriram Redij for defendants no.1 & 3 present.
Adv. Mr. Enait Shaikh h/f Ashutosh Shukla for defendant no.2 present.
Cross-examination of PW 1 Sanjay Rathod by Adv. Shriram Redij for defendants no.1 and 3 started and completed after administering oath to the witness.
Re-examination - Nil.
Adv. M.R.Yadav for the plaintiff filed evidence close pursis, t.o.r. and marked as Exh.18.
Matter is adjd.to 17-02-2022 for evidence of defendant
no.2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Shriram Redij for  defendants no. 1 and 3 present.
Adv. Pradosh Tiwari h/f Adv. Ashutosh Sukla  for defendants no. 2 present and prayed for adjournment – short date be given.
Matter is adjd.to 24-02-2022 for R/E P.H.(evidence of
deft. no. 2)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None for plaintiff.
Adv. Sham Borambe h/f Adv. Shriram Redij for defendants no. 1 and 3 present.
Adv. Shukla for defendant no. 2 present and submitted that witness could not attend the court proceeding today and short date may be given for filing evidence affidavit.
Considering submission of Adv. Shukla, short date be given.
Matter is adjd.to 05-03-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Shaym Horambe i/b Adv. Shriram Redij for defendant no. 1 and 3 present.
Adv.  Ashutosh Shukla for defendant no. 2 present and filed evidence affidavit of witness Ravindra T. Manjarekar t.o.r. and marked as Exh.19
He also filed list of documents t.o.r. and marked as Exh.20
He filed ceritificate u/s 65 B of the Evidence Act t.o.r. and marked as Exh.21
Adv. M. R. Yadav and Adv. Shaym Horambe  received copy of
Exh. 19,20 and 21.
Matter is adjd.to 19-03-2022 for R/E P.H. Cross
examination of DW -1 Ravindra T. Manjarekar on Exh. 19
(12.15 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. N. D. Jaywant for plaintiff present.
Adv. Shyam A. Horambe I/b Shriram S. Redij for defendant present.
Adv. Ashotosh Shukla a/w D.W.1 Ravindra Tukaram Manjrekar present
further examination in chief of D.W.1 Ravindra Tukaram Manjrekar commenced and completed on examination of oath to the witness. He proved following documents-
Exh. 22  - Copy of letter dated 31.10.2016.
Exh. 23 - Copy of tender documents
Exh. 24 - Copy of audit report prepared by project management consultant.
Exh. 25 -Copy of IIT Bombay report forwarded by defendant no.3 to Defendant no.2
Exh. 26 - Copies of deals raised by defendant no.2 to defendant no.3 through email.
Exh. 27 - Office copy of advocate notice
Exh. 28 - Printout of email sent by defendant no.2 to defendant no.3.
Exh. 29 - Copy of plaint filed by defendant no.2 against defendant no.3 and others in Honble High Court.
Exh. 30 - Printout taken from official website of Honble Bombay High Court regarding status of the suit at Exh.29.
Cross-Examination by Advocate N. D. Jaywant for plaintiff commenced and  completed.
Exh. 31 - Authority letter produced and proved by D.W. Ravindra in cross examination by Adv. N. D. Jaywant for plaintiff.
Cross-Examination by Advocate Shyam Horambe i/b Adv. Shriram Redij for defendant no.1 and 3.
On request of Adv. Shyam Horambe, Cross Examination is deferred till next date.
Matter is adjd.to  31-03-2022 for cross examination of D.W.1 Ravindra Exh.19 by defendants no.1 and 3. 11.30 a.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Shriram Redij for defendants no. 1 and 3  present.
Adv. Pradosh Tiwari for defendant no. 2 present.
Cross-Examination by Advocate Shriram Redij for defendant
no.1 and 3 commenced after administering oath to the
witness and completed.
Re-examination - Nil.
Adv. for defendant no. 2 filed Evidence close pursis t.o.r. and
marked as Exh.32
 Matter is adjd.to 18-04-2022 for evidence of Deft. no. 1
and 3.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv.Shreeram Redij  for defendants no. 1 and 3 present.
Adv. Pradosh Tiwari  for defendant no. 2 present.
Matter is adjd.to 30-04-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv.  Pradosh Tiwari  for defendant no. 2 present.
Adv. Sham Horambe and Adv. Shreeram Redij for defendants no. 1 and 3 along with witness Bridget Joe present and filed evidence affidavit of witness Bridget Joe   t.o.r. and marked as Exh. 33
He also filed list of documents t.o.r. and marked as Exh.34
Adv.  Pradosh Tiwari  for defendant no. 2 received copy of Exh. 33 and Exh. 34.
Matter is adjd.to 07-06-2022 for R/E p.h. (cross examination of witness Bridget Joe on Exh. 33). (12.00 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Shriram Redij for defendant No. 1 and 3 present.
None for plaintiff when called.
Adjd for evidence part heard to 20/06/2022
L. O
Adv. Ashutosh Shukla for defendant No. 2 present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. N. D. Jaywant and adv. M. R. Yadav for plaintiff present.
Adv. Shriram Redij for defendant No. 1 and 3 present.
Adv. Ashutosh Shukla for defendant No. 2 present.
Further examination in chief of DW-2 by adv. Shriram Redij commenced and concluded.
Cross-examination of DW-2 Bridget Joe by adv. N. D. Jaywant for plaintiff commenced and concluded.
Exh. 35 Letter dated 23.06.2016 issued by defendant No. 2.
Exh-36 Letter dated 22.10.2016 issued by defendant No. 2 engaging PMC.
Exh-37 Letter dt. 30.06.2017
Exh-38/1 Letter dt. 24th July 2016 issued by defendant NO. 2.
Exh-38/2 Letter dt. 2nd August 2016 issued by defendant No.3.
Exh-39 Minutes of the meeting of held by the defendant No. 3 on 18th November, 2016
Exh-40 Minutes f the meeting held on 04.01.2017
Exh-41 Work order dated 16.02.2017 issued to NFCD
Exh-42 Work order dated 18.04.2017 issued to NFCD
Exh-43 Work order dated 04.03.2017 issued to the plaintiff.
Exh-44 The original sanction order dated 16.02.2017.
Exh-45 Original sanction order dated 04.07.2017
Adv. for defendant NO. 2 sought time for cross-examination.
Adjd for cross-examination by defendant No.2 to 04/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. N. D. Jaywant and Adv. M. R. yadav for plaintiff present.
Adv. Shriram Redij for defendant No. 3 present.
Adv. Ashuthosh Shukla for deft No. 2 present.
Witness of defendant Bridget Joe is present.
Cross-examination of DW by adv. Ashutosh Shukla for deft No. 2 commenced and partly recorded.
On request of adv. for deft No.2 further cross examination is deferred.
Adjd for further cross examination by defendant No.2 to 13/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Shreeram Redij for defendant No. 1 and 3 present.
Adv. Asuthosh Shukla for defendant No.2 present.
Adv. M. R. yadav for plaintiff present.
Further cross-examination of Bridget Joe commenced and partly recorded.
(Today the witness of defendant No. 1 and 3
filed the copy of report dt. 14.02.2022 duly
certified by advocate as True Copy along with
Exhibit 46. The witness also brought the
original document. After verifying the same
the original document is returned to
defendant. The contents of original document
as well as contents of copy filed are the same.
The said document is marked as Exhibit. 47).
The copy of document is furnished to plaintiff
and defendant No.2 by defendant No.1.
Exh-46 List of documents.
Exh-47 Third party audit reort dt. 14.02.2022 of VNIT Nagpur w.r.t waterproofing work executed by M/s Sanjay Constructions.
(on request of adv. for deft No.2, further cross examination is deferred)
Adjd for recording further cross-examination to 13/09/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: wrongly on board
Already adjd to 17/10/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Enait Shaikh i/b Adv. Asutosh Shukla for defendant no. 2 present.
Adv. Shyam Horambe for defendant 1 and 3 present.
Witness is absent.
Adjd for evidence part heard to 14/11/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. M. R. yadav for plaintiff present.
Adv. Shreeram Redij for defendant 1 and 3 present.
Witness of defendant Bridget Joe is present.
Adv. for defendant No. 2 absent. Hence matter is adjd for cross examination to 30/11/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. M. R. Yadav for plaintiff present.
Adv. Sham Horambe h/f Shrirram Redij Defendant no.1 and 3 present.
Adv. Enait Shaikh for defendant no.2 present.
Witness of defendant no.1 and 2 present.
Adv. for defendant sought time - O - time granted.
Adjd to 14.12.2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-12-2022

Date: 14-12-2022

Date: 11-01-2023
Business: Adv. Shreeram Redij for defendant No. 1 and 3 present.
Adv. Asuthosh Shukla for defendant No.2 present.
Adv. N.D. Jaywant for plaintiff present.
Further cross-examination of Bridget Joe commenced and concluded.
Case is adjourned for further evidence to 24-01-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: court on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv. M.R. Yadav h/f Adv. N.D. Jaywant for plaintiff is present.
KB L.O. at 12.14 pm
Adv. Shriram Redij for defendant no.1 and 3 is present and filed evidence closure pursis t.o.r. marked as Exh.48. O- R and R.
Case is adjourned for final argument to 08-03-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: None present for plaintiff.
Adv. Shyam Horambe h/f Adv. S.S. Redij for defendant Nos. 1 and 3 present.
LO at 11.32 am.
Adv. Pradosh Tiwari for defendant No. 2 present.
Kb for arguments in afternoon session
LO at 3.17 pm.
Adv. Pradosh Tiwari for defendant no. 2 sought time for argument. O  Time granted.
Case is adjourned for 21.03.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: None for plaintiff.
Adv. Shriram Redij for defendant no.1 present.
Adv. Pradosh Tiwari h/f Ashutosh Shukla for defendant no.2 present.
Court is busy in passing order in Commercial Suit 129/23 and Hearing arguments in NM 1097/23 in Commercial Suit 113/23. Hence adjourned.
Case is adjourned to 03.04.2023 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. M.R. Yadav h/f Adv. N.D.Jaywant for plff is present.
Adv. Shriram Redij for deft nos. 1 and 3 is present.
Adv Ashutosh Shukla for defendant no.2 is present.
Court is buys in dictating judgement in Commercial summary 441 of 22 and dictating order in CS no. 401 of 2023.
Case is adjourned for argument to 19-04-2023 at 3.00 pm
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. M.R. Yadav h/f N.D. Jaywant for plaintiff is present.
Adv. Shyam A. Horambe h/f Reedis for defendant no.1 and 3 is present and sought time for final argument. Granted.
Adv Ashitosh Shukla for defendant no.2 is present.
Case is adjourned for argument to 02-05-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv.M.R. Yadav for plaintiff is present.
Adv. Shyam h/f Shriram Redij for defendant nos. 1 and 3 is present.
Adv. Ashitosh Shukla for defendant no.2 is present.
By consent, case is adjourned for argument to 08-06-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Plaintiff side called, but absent.
Adv. Shriram Redij present for defendant no. 1 and 3.
Adv. Inayat Shaikh present for defendant No.2.
On oral request of defendants.
Matter adjourned for argument on 23.06.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Adv. M R Yadav present for plaintiff.
Adv. Shriram Redij and Shyam Holambe present for defendant no.1 and 3.
Adv. Inayat Shaikh present for defendant no.2
Part arguments heard of Adv. Shriram Redij for defendant.
Adjourned to 28.07.2023 at about 12.30 Hrs. for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Adv. M. R. Yadav present for plaintiff.
Adv. Shweta Hartalkar present for defendant No. 1 and 3.
Adv. Ashutosh Shukla present for defendant No.2
Paucity of time. Matter is adjourned.
Matter adjourned to 09.08.2023 for arguments at 12.30 Hrs.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Yadav present for plaintiff.
Adv. Smita Kandalkar  present for defendant No. 1 and 3.
Adv. Aashutosh Shukla present for defendant No. 2.
Paucity time with the Court. Matter adjourned for argument.
Matter adjourned to 12.09.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Adv. M. R. Yadav present for plaintiff.
Adv. Sriram Reddy present for defendant No.1 and 3.
Adv. Ashutosh Shukla present for defendant No.2.
All side to file written arguments by next date.
Matter adjourned to 27.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Adv. Prem Gidwani present for plaintiff.
Adv. Smita Hartalkar present for defendant No. 1 and 3.
Adv. Ashuthosh Shukla present for defendant No.2.
Exh.49 - Written notes of arguments filed by plaintiff.
Defendants to file written notes of arguments by next date.
Matter adjourned to 05.10.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Sanjay Vaghji Rathod Vs Government of India
Adv. M. R. Yadav present for plaintiff.
Adv.  Ashuthosh Shukla present for defendant.No.2
Adv. Smita Hartalkar present for defendant No.1 and 3.
Defendant to file written arguments by next date without fail.
Matter adjourned to 01.11.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: Sanjay Rathod V/s Government of India
Plaintiff side called, but absent.
Adv. Inayat Shaikh present for defendant No.2.
None present for defendant No.1 and No.3.
Plaintiff is already filed written arguments on 27.09.2023.
Defendant to takes steps. Else, put for necessary order.
Later on at 12.15 Hrs.
Adv. Smita Hartalkar present for defendant No.1 and 2.
She is seeking time to file written arguments.
Case adjourned to 24.11.2023 for written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Sanjay Rathod V/s Government of India.
Adv. Priyank Shukla present for plaintiff.
Adv. Sriram Redij present for defendant  No.1 and 3.
Adv. Inayat Shaikh present for defendant No.2.
Defendant granted last opportunity to file written arguments.
Case adjourned to 13.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Sanjay Rathod V/s Government of India
Plaintiff side called, but absent.
Adv. Smita Hartalkar present for defendant No.1 and 3.
Exh.50 -Written arguments filed by defendant No.1
and 3.
Adv. Ashutosh Shukla present for defendant No.2.
Case adjourned for written argument of defendant No.2.
Case adjourned to 16.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: Sanjay Rathod V/s Government of India
Adv. M. R. Yadav present for plaintiff.
Adv. Sham Holambe present for defendant No.1and 3.
Adv. Inayat Shaikh present for defendant No.2.
Exh.51-  Written arguments filed by defendant No.2.
Case adjourned to 04.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Sanjay Rathod V/s Government Of India.
All called, but absent.
Later on at 12.00 Hrs.
Adv. Smita Hartalkar present for defendant No.1 and No.3.
She submitted that, defendant No. 1 and No.3  have already filed written arguments at Exh.50 on 13.12.2023. Same be considered as oral arguments.
Later on at 12.52 Hrs.
Adv. Smita Hartalkar holding for Sriram Redij. Present for defendant No.1 and No.3
Adv. M. R. Yadav present for plaintiff. He submitted that, the plaintiff has filed already written arguments at Exh.49 on 27.09.2023. Same be considered as oral arguments.
Part arguments heard of Ashuthosh Shukla for defendant No.2.
Case adjourned to 08.01.2024 at 14.45 hrs   for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Sanjay Rathod V/s Government of India
Adv. Smita Hartalkar present for defendant No. 1 and No.3.
Later on at 16.28 Hrs.
Heard Adv. Ashutosh Shukla for defendant no.2.
Suit adjourned for reply- arguments, if any.
Case adjourned to 16.01.2024 for reply -arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Sanjay Vaghji Rathod Vs Government of India
Plaintiff side called, but absent.
Defendant No. 2 called, but absent.
Heard Adv. Shriram Redij for defendant Nos. 1 and 3.
Suit adjourned for 25.01.2024 for counter arguments from all sides, if any.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Sanjay Rathod V/s Government of India
Adv. M. R. Yadav present for plaintiff.
Adv. Makrand Lone present for defendant No. 1 and 3.
Case adjourned to 08.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: Sanjay Rathod V/s Government of India
Adv. M. R. Yadav present for plaintiff.
Defendant side called, but absent.
Suit adjourned for Judgment.
Suit adjourned to 16.02.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Sanjay Rathod V/s Government of India
Adv. Pradosh Tiwari present for defendant No.2.
Adv. Makrand Lone present for defendant No. 1 and 3.
Court busy in dictating Order in CS No. 100762 / 2021, CS No. 100266 / 2021  and recording evidence in CS No. 100022 / 2021, CS No. 100587 / 2022.
Suit adjourned to 27.02.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Sanjay Rathod V/s Government of India
Adv. Shriram Redij present for defendant No. 1 and 3.
Stenographer is on leave.

Later on at 12.26 Hrs.
Adv. Inayat Shaikh present for defendant No.1.
Court busy in dictating Order in CSS No.401 / 2022 and CS No. 773 / 2022 and recording evidence in CS No. 147  of 2022.
Suit adjourned to 15.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Sanjay Rathod v/s Govt. of India
Adv. M. R. Yadav present for plaintiff.
Adv. Smita Hartalkar present for defendant No.1 and 3.
None present for defendant No.2.
Stenographer is on leave.
Suit adjourned to 02.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Sanjay Rathod Vs. Government of India
All called but absent.
Paucity of time with the court.
Suit adjourned to 08.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: Sanjay Rathod V/s Govt of India.
Adv. Shivam Tiwari present for plaintiff.
Adv. Makrand Lone present for defendant No. 1 and 3.
Court busy in dictating order in Summons for Judgment No.147 / 2023 and CS No. 12 / 2019, CS No.13 / 2019, CS No.14 /2019.
Suit adjourned to 10.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Sanjay Vaghji Rathod Vs Government of India
All called, but absent.
The suit was listed on 08.04.2024 for Judgement.
Because of paucity of time on 08.04.2024, it was listed on 10.04.2024.
However the board of 08.04.2024 was not updated and hence the suit is reflected in undated category.
It is taken on todays board.
In view of undated states of suit it is adjourned to 22.04.2024.
Parties to note.
Suit adjourned to 22.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Sanjay Vaghji Ratahod V/s Gaovernment of india
Adv. Makrand Lone present for defendant no. 1 and 3.
Paucity of time with the court.
Court is busy in recording evidence in CS No. 1121 / 2021 and CS 1123 / 2021, dictating order in CS No. 258 / 2022, NM No. 148 / 2024.
Court is working as incharge court for Court Room No.14 and 83.
Suit adjourned to 26.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Sanjay Rathod V/s Govt. of India
Plaintiff side called, but absent.
Adv. Makrand Lone present for defendant no.1 and 3.
Court busy in dictating order in NM No. 4906 / 2023, NM No. 1436 / 2024 and NM No. 3671 / 2022.
Suit adjourned to 30.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Sanjay Rathod V/s Govt. of India
All called, but absent.
Later on at 12.07 Hrs.
Adv. Makrand Lone present for defendant No. 1 and 3.
Paucity of time with Court.
Court busy in recording evidence in CSS No. 452 / 2022 , CS 1123 / 2021, dictating order in SJ No. 146 /  2023 and  Judgement in CS No. 95 / 2019.
Suit adjourned to 07.05.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Sanjay Rathod V/s Govt. of India
Plaintiff side called, but absent.
Adv. Makrand Lone present for defendant no.1 and 3.
None present for defendant no.2.
FRSR following order is passed
ORDER
    1. Commercial Suit No. 100413 / 2020, Sanjay Vaghji Rathod Vs Government of India, is dismissed.

    2. Parties to bear their own costs.

    3. Decree be drawn up accordingly.
    4. Judgment pronounced in Open Court.
    5. Plaintiff be informed about his right to challenge this Judgment and period of limitation, for the same.
    6. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: DISMISSED
Disposal Date: 07-05-2024

Additional Case Details

Additional Case Details
Filing Number: 102254/2020
Filing Date: 18-02-2020
First Hearing Date: 30th March 2020
Decision Date: 07th May 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

5
Final Order 3Full order available
07 May 2024

Order Details: Copy of Judgment Pdf Text: CS No.100413/2020 Sanjay – Government of India Judgment (Exh.52) 1 of 13 MHCC010020842020 Suit Filed on : 17.02.2020 Arguments closed : 08.02.2024 Decided on : 07.05.2024 Duration : 04 Y, 02 M, 20 Days City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) Commercial Suit No. 100413 / 2020 Exhibit No. 52 Plaintiff : Sanjay Vaghji Rathod M/s.…

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Interim Order 2Full order available
25 Aug 2021

Order Details: Other Pdf Text: Comm.Suit No. 413/2020. 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 413 OF 2020 Exh.6. Sanjay Vaghji Rathod )...Plaintiff Versus Government of India and Others )...Defendants CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE : 25th AUGUST, 2021. None for the plaintiff. Mr. Shriram Redij, Advocate for defendants no.1 and 3. Mr. Pathak, Advocate for defendant no.2. SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING (ORDER XVA RULE 1 OF…

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Interim Order 1Full order available
12 Mar 2021

Order Details: Notice of Motion Pdf Text: N/m No. 11/21 in Comm. Suit No. 413/2020. 1 Order. MHCC010000112021 Presented on : 04-01-2021 Registered on : 04-01-2021 Decided on : 12-03-2021 Duration : 0 years, 2 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 11 OF 2021 IN COMMERCIAL SUIT NO. 413 OF 2020 Sanjay Vaghaji Rathod ...Plaintiff Versus Government of India and Others ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 12th MARCH,…

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Order 2Full order available
25 Aug 2021

Order Details: Other Pdf Text: Comm.Suit No. 413/2020. 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 413 OF 2020 Exh.6. Sanjay Vaghji Rathod )...Plaintiff Versus Government of India and Others )...Defendants CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE : 25th AUGUST, 2021. None for the plaintiff. Mr. Shriram Redij, Advocate for defendants no.1 and 3. Mr. Pathak, Advocate for defendant no.2. SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING (ORDER XVA RULE 1 OF…

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Order 1Full order available
12 Mar 2021

Order Details: Notice of Motion Pdf Text: N/m No. 11/21 in Comm. Suit No. 413/2020. 1 Order. MHCC010000112021 Presented on : 04-01-2021 Registered on : 04-01-2021 Decided on : 12-03-2021 Duration : 0 years, 2 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 11 OF 2021 IN COMMERCIAL SUIT NO. 413 OF 2020 Sanjay Vaghaji Rathod ...Plaintiff Versus Government of India and Others ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 12th MARCH,…

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