Date: 22-01-2021
Business: Adv.Cherin Lupasiya i/b Ms. Shah and Furia Associates for the plff is present.
None for deft.
He has submitted that the deft is out of India and sought time to serve the suit summons. On oral request of Adv.for the plff the matter is adjourned for service of summons.
Adjd for report on 06.03.2021.
Next Purpose: REPORT
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Shaha for plaintiff is present.
Adv.Bilori Bala for defendant is present.
Adv.for plaintiff is filed affidavit of service T.O.R marked at Exh.3.
On oral request of Adv.for the plaintiff matter adjourned for steps.
Matter adjd for steps to 03.05.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 10.07.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 20.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Kantaini Gurav i/b.Shah and Furia Associates for plaintiff present.
Adv.Miloni Gala i/b.Vinda and Co. for defendant present.
The plaintiff filed draft summons for judgment a/w. affidavit in support t.o.r. O-Leave granted to register draft summons for judgment. Copy of same is furnished to the defendant. Endorsement to that effect made by defendant.
Matter adjd to 09.09.2021 for reply to SJ.
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Matter pertains to CR No.32.
Adv.Dipen Furiya for plaintiff present and filed registered S/J No. 102/21. Copy is served to other side dtd.01.09.2021.
Adv.Miloni Gala for defendant present and filed reply to S/J No.102/21 t.o.r. and marked as Exh.4. Copy of reply is supplied to Advocate for the plaintiff.
Adv. for plaintiff submitted that the Suit was originally filed as a summery Suit No.435/2020 and it was re-numbered as a Comm. Suit No.901/21. According to him, the suit is not having Commercial nature as per section 2(c) of the Commercial Court Act. He submitted that the Suit may be converted as Summery Suit.
On the contrary , Advocate for defendant countered his contention by stating that the Suit is having nature of Commercial dispute and this Court has jurisdiction as per section 6. She further submitted that value specified in the plaint is above Rs.3,00000/-.
Considering rival submissions, it would be appropriate to keep the matter before regular Court for further order.
Matter is adjd.to 15.09.2021 for reply on hearing.
Next Purpose: REPLY
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.Dipen Furia i/b.Shah and Furia Associates for plaintiff present.
Adv.Miloni Gala i/b.Vimla and Co. for defendant present.
The plaintiff submits that the suit ought to have been transferred to summary court as dispute is not commercial dispute. The defendant objected for the same. The plaintiff if raise point of jurisdiction of this court it will be decided. Hence, adjourned for steps by plaintiff on 22.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Adv.Romin Sangoi i/b.M/s.Shah Furia Associates for plaintiff present and filed application, Exh.5 for matter taken on today\''s board.
O-Allowed.
Adv. of plaintiff filed draft notice of motion a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Matter already adjd to 22.09.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Pooja Shah for plaintiff present.
Adv.Ms.Miloni Gala i/b Vimla and Co.for defendant present.
K.B.
L.O. 12.55 p.m.
Adv.Mr.Dipen Furia for plaintiff present.
The plaintiff tendered registered NM No.2143/2021 along with affidavit and service affidavit t.o.r. marked as Exh.06.
Matter adjd to 28.09.2021 for filing reply by defendant and argument.
Next Purpose: REPLY
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Romin Sanghoi i/b.M/s.Shah and Furia for plaintiff present.
Adv.Miloni Gala i/b.Vimla and Co. for defendant present.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 04.10.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Dipen Furia i/b M/s. Shah & Furia present for plaintiff.
Adv. Miloni Gala i/b Vimla & Co. present for defendant.
Exh. 7 The defendant filed reply to NM no. 2143/21. Copy of same is furnished to the plaintiff.
Heard the plaintiff and defendant on NM.
Matter adjd to 05.10.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B. for order on NM No.2143/2021
L.O. at 3.30 p.m.
Adv.Romin Sangoi i/b Shah & Furia Associates for plaintiff present.
F.R.S.R. the following order is passed on NM No.2143/2021
ORDER
1.Notice of Motion No.2143/2021 is allowed.
2.As the suit is not commercial dispute, the present case be sent to the Office of Registrar (Civil) for further assignment to the concern Court.
3. Adjourned for compliance on 29.10.2021.
Matter is adjd to 29.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv Dipen Furia I/b M/s Shah and Furia present for the Associates present for the plaintiff.
Adv Miloni Gala present for the defendant.
Rejoinder filed by plaintiff on SJ 102/21 TOR O- filed.
Matter is adjd to 22.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Dipen Furia i/b M/s Shah and Furia Associates for plaintiff present.
Adv. Ms. Niloni Gala i/b Vimla and Co. for the defendant present.
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L.O. at 04.00 p.m.
Adv. Dipen Furia i/b M/s Shah and Furia Associates for plaintiff present.
Adv. Ms. Niloni Gala i/b Vimla and Co. for the defendant present.
Heard argument of both sides at 04.00 p.m. to 05.00 p.m.
Matter is adjd. to 27/11/2021 for SJ Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv. Kantaini Gurav i/b Adv. Shah and Furia Association for the plaintiff present.
Adv. Miloni Gala for the defendant present.
F R S R following order is passed:
ORDER
1. Summons for Judgment No.101 of 2021 is partly allowed.
2. Leave to defend the suit is granted to the defendant subject to deposit of amount of Rs.15,00,000/-( Rupees Fifteen Lacs only) in the Court within 30 days from the date of this Order.
3. If defendant fails to deposit the amount within stipulated period then the plaintiff shall proceed with the suit as if there is no defence.
4. Summons for Judgment No.101 of 2021 stands disposed of.
Matter is adjd. to 23/12/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Kantaini Gurav i/b M/s Shah and Furia Associates for plaintiff present.
Adv. Miloni Gala for the defendant present.
Earlier order dated 27/11/2021 is not complied. Therefore, matter is adjourned for further order.
Matter is adj. to 04/01/2022 for further order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Mr. Romin Sangoi i/b M/s Shah and Furia Associates for plaintiff present.
Adv. Gala for the defendant present.
The defendant has not complied order dated 27/11/2021 and not filed Written Statement. Therefore, suit to proceed without WS.
Matter is adjd. to 04/02/2022 for NO WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. to 01-03-2022 for Hearing Without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Sangoi for plaintiff present.
Plaintiff present.
Adv. Mamta for defendant present.
Exh. 08-Evidence affidavit
Exh. 09-List of document. TOR
Matter is adjd for recording evidence and marking document to 07-04-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Advocate Ms. Mamta for defendant present.
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Later on
Exh.10-Original Power of Attorney dated 15-02-2020 notarized by Notary Public under Notarial Register No. 10/A, Serial No. 43, page no. 17 executed between plaintiff and defendant herein.TOR Document at Sr. No. 01.
Exh.11-Original Bank Passbook of plaintiffs bank account with Corporation Bank, Ghatkopar West Branch recording the bank entry dated 05-04-2015 reflecting the debit amount of Rs. 5,00,000/- (Rupees Five Lakh Only) in favour of defendant.TOR Document at Sr. No. 02.
Exh.12-Original promissory Note dated 03-04-2014 executed by defendant.TOR Document at Sr. No. 03.
Exh.13-Original bank passbook of plaintiff\''s bank account with Corporation Bank, Ghatkopar West Branch recording the bank entry dated 24-04-2015 reflecting the debit amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) in favour of defendant.TOR Document at Sr. No. 04.
Exh.14-Original Promissory note dated 23-04-215 executed by defendant.TOR Document at Sr. No.05.
Exh.15- Original passbook of plaintiff\''s bank account with Corporation Bank, Ghatkopar West Branch recording the bank entry dated 20-06-2019 reflecting the credit amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) received from defendant.TOR Document at Sr. No. 06.
Exh.16-Original Confirmation of Account Statement for the period 01-04-2015 to 31-03-2016.TOR Document at Sr. No. 07.
Exh.17-Original Confirmation of Account Statement for the period 01-04-2016 to 31-03-2017.TOR Document at Sr. No. 08.
Exh.18-Original Confirmation of Account Statement for the period 01-04-2017 to 31-03-2018. TOR Document at Sr. No.09.
Exh.19-Office copy of said Notice of demand dated 22-10-2019 issued by advocate for plaintiff to the defendant. TOR Document at Sr. No.10.
Exh.20-Original postal receipt of speed post as issued by India Post.TOR Document at Sr. No. 11. Continue...
Exh.21-Original acknowledgement card of speed post as delivered by India post to advocate for plaintiff. TOR Document at Sr. No.12.
Exh.22- Office copy of said Notice of demand dated 19-12-2019 issued by advocate for plaintiff to the defendant.TOR Document at Sr. No. 13.
Exh.23- Original postal receipt of speed post as issued by India Post.TOR Document at Sr. No.14.
Exh.24-Original acknowledgement card of speed post as delivered by India post to advocate for plaintiff. TOR Document at Sr. No. 15.
Exh.25-Print out taken by advocate for plaintiff from the official website of the India Post confirming the delivery of speed post envelope.TOR Document at Sr. No.16.
Matter is adjd. for further ex-parte evidence to 05-07-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Sanghvai for Plaintiff present.
Adv. Gala for defendant present.
K.B. for arguments.
L.O. at. 12.40 p.m.
Both parties and their adv. absent.
Adjd to 14/09/2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Date: 31-03-2023
Business: Adv. Mr. Dipen Furia I/b M/s. Shah and Furia associates for plaintiff present.
Adv. Dhanawade for defendant present.
Matter Adjd for Final Argument on 10/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Shubham Mishra i/b. Shah and Furia Associates for plaintiff present.
Adv. Hiteeksha Doshi h/f Vimala and Co. for defendant present.
KB.
L.O. at 03.25 p.m.
Judgment Exh.26.
F.R.S.R. Following Order is passed
ORDER
1.Summary Civil Suit No.929/2021, is hereby partly decreed with costs.
2.Plaintiff is entitled to recover an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) alongwith interest at the rate of 9 percent per annum, from the date of demand notice i.e. 22/10/2019, till its full realisation from the defendant.
3.Court fees, if any, be refunded as per rule.
4.Decree be drawn up accordingly.
(Judgment pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-07-2023