Date: 11-03-2020
Business: BY PRECIPE
Adv. for plaintiff present.
Adv. for plaintiff filed draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Adv. for plaintiff stated that he will serve the copy of notice of motion to defendant and file affidavit of service.
Adjd for compliance to 17/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Advocate Aditya Pratap for plaintiff is present and filed registered NM No. 1092/20. He also filed service affidavit regarding service of NM. Service is duly served on defendants.
None present for defendant.
Heard ad-interim arguments.
Order passed on NM No. 1092/20
ORDER
1. Ad interim injunction application is hereby allowed.
2. The defendants are hereby temporarily restrained from creating third party interest in Suit Flat bearing Flat no. 801 only till filing of reply by the defendants.
3. The plaintiff shall directed to comply Order 39, Rule 3 of Code of Civil Procedure.
Adjourned NM reply for 24.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM reply to 20/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Both the parties and their advocates absent.
Earlier order if any, to continue till next date.
Adjd. for service, appearance and filing reply to NM and W/S to 10.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Advocate Aditya Pratap for plaintiff is present.
None present for defendant.
Earlier order if any, to continue till next date.
Adjourned for service/appearance/filing reply to NM to 03.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Advocate Aditya Pratap for plaintiff is present.
None present for defendant.
Adjourned for service to 21.12.2020.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Advocate Sham Panchamukh for plaintiff is present and requested for extension of time for service of plaint and NM. Request is allowed.
None present for defendant.
Earlier order if any, to continue till next date.
Adjourned for service to 19.01.2021.
Next Purpose: SERVICE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Shaym Panchmukh h/f Adv. Aditya Pratap for plaintiff , prayed for adjournment as delivery report of postal department is awaited.
None for defendant
Matter is adjd.to 16-02-2021 for service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Mr. Sham Pnachmukh h/f adv. Aditya Pratap for plaintiff present.
None for defendant.
Exh.2- Service affidavit submitted by Plff. (Perused track reports, plff is failed to receive any acknowledgment). Plff may opt for service of summons by fax to deft no.1 as per fax no. mentioned on letter head of deft. at page no. 49 of the plaint.
In addition, at the request of adv Mr. Sham Panchamukh, personal service is allowed.
Matter is adjd.to 16.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Sham Panchamukh h/f adv. Aditya for plaintiff present.
Adv. Mr. Harish Pawar for defendant nos. 1 to 3 present.
Exh.3- V/P of adv. Mr. Harish Pawar on behalf of deft. nos. 1 and 2. He undertake to submit V/P of deft no.2 on next date.
Exh.4- Service affidavit filed by plff.
Matter is adjd.to 31.03.2021 for
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Mr. Aditya Pratap for plaintiff present.
Adv. Mr. Pawan Tiwari for defendant present.
By consent of both side.
Matter is adjd.to 08.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for plaintiff.
Adv. Pawan Tiwari for deft nos. 1 and 3, prayed for adjournment to file reply on NM.
None for deft no.2.
Matter is adjd.to 17.06.2021 for reply to NM.
LO at 3.30p.m.
Adv Shyam Panchmukh for the plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 02-09-2021 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None for plaintiff.
Adv. Pawan Tiwari h/f Adv. Harish Pawar for defendants no. 1 and 3 present.
On perusal of record, it appears that writ of summons is not issued to the defendants and only copies of NM are served. Hence, the plaintiff is directed issue writ of summons to the defendants on or before the next date of hearing.
Matter is adjd.to 12-10-2021 for Nm reply /writ of
summons
Lo
Adv. Shaam Panchmukh h/f Adv. Aaditya Pratap for
plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Shyam Panchamukh for plaintiff present and submitted that the defendants have not replied Notice of Motion. He pressed for early hearing in NM by giving last chance to the defendants for filing reply.
Considering, submission of Adv. Shayam Panchamukh and the fact that NM is served upon the defendants in January 2021, last chance is given to the defendants for filing reply to NM.
Adv. Pawan Tiwari h/f Adv. Harish Pawar for defendants no. 1 & 3 present
Adv. Sunil Tiwari for defendant no. 3 and filed vakalatnama t.o.r. and marked as Exh.5
Matter is adjd.to 22-11-2021 for filing affidavit of service
& NM Reply (2.45pm)
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Shyam Panchamukh h/f Adv. Aditya Pratap for plaintiff present.
Adv. Pawankumar Tiwari for defendants no. 1 and 3 present and filed affidavit in reply in NM No. 1092/20.
Adv. Shyam Panchamukh submitted that he wants to file rejoinder.
Matter is adjd.to 23-12-2021 for filing rejoinder by the
plaintiff.
Next Purpose: REJOINDER
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Shyam Panchamukh for plaintiff present and filed the rejoinder in NM t.o.r.
Adv. Pawan Tiwari for defendants no. 1 and 3 present and received copy of rejoinder.
None for defendant no. 2.
Matter is adjd.to 19-01-2022 for NM Hrg. (3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. Mr. Shyam Panchmukh h/f Adv. Mr. Aditya Pratap for plaintiff present.
Adv. Sunil Tiwari for defendant present.
Matter is adjd.to 23-02-2022 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None for plaintiff.
Adv. Pawan Tiwari for defendants no. 1 and 3 present.
Matter is adjd.to 17-03-2022 for nm Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Tanmay Bidkar for plaintiff present and prayed for adjournment.
Adv. Nikhil Tapal for defendants no. 1 and 3 present.
In this case, ad-interim relief is granted on 17-03-2020 as per order in NM No. 1092/2020. The plaintiff is not arguing in NM proceeding. NM is pending for hearing since long . Hence, last chance is given for NM hearing, failing which necessary order will be passed.
Matter is adjd.to 05-04-2022 for NM Hrg. (3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Shyam Panchmukh for plaintiff present.
LO
Adv. Aditya Pratap for plaintiff present.
Adv. Sunil Tiwari a/w Adv. Pawan Tiwari for defendants no. 1 and 3 present.
None for defendant no. 2.
Heard Adv. Aditya Pratap for plaintiff in NM No. 1092/20.
Adv. Sunil Tiwari sought adjournment. - Short date be given for argument of defendants in NM No. 1092/20.
Earlier order if any, to continue till next date.
Matter is adjd.to 19-04-2022 for NM Hrg(deft)
(3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Kandap Trivedi for plaintiff present
Adv. Harish Pawar for defendants no. 1 and 3 present.
Heard Adv. Harish Pawar for defendants no. 1 and 3 in NM No. 1092/20.
Adv. Kandap Trivedi prayed for adjournment for making reply argument - short date be given.
Matter is adjd.to 25-04-2022 for NM Hrg. (3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Aditya Pratap for plaintiff present
Adv. Harish Pawar for defendants no. 1 and 3 present.
Heard both sides in NM No. 1092/20.
Matter is adjd.to 30-04-2022 for NM Order. (4.00pm)
Next Purpose: NM ORDERS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: None for plaintiff.
None for defendants
F.R.S.R. following order is passed in NM No. 1092/20 -
ORDER
1) Notice of Motion No. 1092/2020 is made absolute in terms of prayer clause (e) .
2) The defendant are directed to deposit amount of Rs. 28,00,000/- in this Court within period of two months from the date of this order as per Order XXXIX Rule 10 of the C.P.C..
3) The proceeding of N/m No. 1092/20 is closed.
Matter is adjd.to 24-06-2022 for compliance.
Next Purpose: NM ORDERS
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Aditya Pratap for plaintiff present.
After perusal of roznama, it is wrongly shown under caption of NM orders. It be kept for compliance.
Adjd for compliance to 30/06/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: adv. Pawan Tiwari for deft No. 1 and 3 present
None for plaintiff when called.
Adv. for defendant no. 1 and 3 submitted that they are challenging the order passed by this court in notice of motion before Honble High court.
Considering the submission adjournment granted.
Adjd for compliance to 25/08/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Harish Pawar for defendant no. 1 and 3 present.
Adv. Aditya Pratap for plaintiff present.
Exh- 05 Application for adjournment filed by adv. for deft NO. 1 and 3. O- other side to say.
Order below Exh.5
heard both sides. It is submitted by defendant that hey have challenged order passed by this Court before Honble High Court. Plaintiff strongly objected. In my view defendant should be given opportunity comply order passed by this court hence in the interest of justice adjournment granted to defendant.
Adjd for compliance to 16/09/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Rishabh Khot h/f Adv. Aditya pratap for plaintiff present.
Adjd for compliance to 09/11/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: None present when called.
Adjd for compliance to 06/12/2022
L. O
Adv. Zawwar Abidi h/f Adv. Aditya Pratap for plaintiff present.
Adv. Sunil Tiwari for defendant no. 1 and 3 present and seeks adjournment.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: None present.
Defendant has not complied the order passed in NM 1092/20. the defendant is also directed to place on record the copy of Honble High Court. If defendant preferred the appeal against impugned order.
Adjd to 30.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: None present.
Defendant has not complied the order passed in NM 1092/2020. hence matter be kept for compliance.
Case is adjourned for compliance on 25.04.2023.
LO at 1.45 p.m.
Adv. Aditya Pratap for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None present.
Case is adjourned for compliance to 26-06-2023.
L.O. at 12.01 pm
Adv. Zawwar Abidi for plaintiff is present.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Aditya Pratap present for plaintiff.
Adv. Charusheela Gorad present for defendant.
Perused Order Dt. 30.04.2022 wherein, my Learned Predecessor allowed the Notice of Motion preferred by the plaintiff to restrain the defendant from creating third party interests. The defendant was also directed to deposit Rs. 28,00,000/- (Twenty Eight Lakh only) in the Court within period of 2 months from the date of order.
Today Adv. Shri Gorad submitted that, they had challenged said Order before the Honble Bombay High Court. However, she failed to disclose details of said proceeding.
Today Adv. Shri Aditya Pratap submitted that, defendant failed to deposit the amount. Hence, he wanted to prefer application for striking of the defense. However, till date he has not filed said application.
It appears that since last more than one year, the parties are not taking any steps. They have kept the matter pending.
Both parties are directed to take appropriate steps by next date. Else put for Order against defaulting party.
Matter adjourned to11.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Aaditya Pratap present for plaintiff.
Adv. Charushila Gorad present for defendant.
Application filed by plaintiff to strike out the defense.
O- Other side to say.
Matter adjourned to 04.10.2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
All called, but absent.
Parties to take steps. Else, put for necessary order.
Later on at 11.30 Hrs.
Adv. Kaumudi Shriwastav present for plaintiff.
Adv. Charushila Gorad present for defendant.
Matter adjourned to 07.11.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Shri Aditya Pratap present for plaintiff.
Adv. Shri Harish Pawar present for defendant.
Perused order dated 30.04.2022 and Roznama order dated 26.062023.
These roznama show that both lawyers taking there steps as per there convenience.
Exh.06 is pending for reply of the defendant since 11.08.2023.
Both sides to take appropriate steps regarding there submissions made by them and which are recorded in roznama dated 26.06.2023.
Matter adjourned for reply,arguments and order on Exh.06
both sides shall keep parties present on next date.
Case adjourned to 08.12.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: Suit is not on todays board of CIS
Perusal shows that, roznama Dt. 07.11.2023 mentions that, the Suit is adjourned to 08.12.2023.
Adv. Shri. Swapnil Sangle present for plaintiff.
Defendant side called, but absent.
Adv. Sangle submitted that, on CIS the date is visible at 08.01.2024.
Considering aforesaid facts, the Suit is adjourned to 08.01.2024 for hearing.
Next Purpose: HEARING
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
Ravindra Singh V/s Srushti Raj Enterprises
Plaintiff side called, but absent.
Adv. Shivam Gavde present for defendant.
He submitted that, he has preferred Appeal from Order No. 18368 / 2022 before the Honble Bombay High Court.
Defendant should file details about A.O.
Case adjourned to 15.03.2024 for hearing.
Later on at 12.00 Hrs.
Adv. Aditya Pratap present for plaintiff.
Case adjourned to 15.03.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Ravindra Singh v/s Srushti Enterprieses
Adv. Aditya Pratap present for plaintiff.
Defendant side called, but absent.
Later on at 12.48 Hrs.
Adv. Aditya Pratap present for plaintiff.
Adv. Pawan Tiwari present for defendant No.1 and 3.
Perused Order Dt. 30.04.2022, wherein defendant was directed to deposit Rs. 28, 00,000/- within Two months.
Defendant contended that, he has preferred Appeal No. 18368 / 2022, before the Honble Bombay High Court.
Plaintiff submitted that, defendant is delaying Suit on pretext of Appeal. There is no stay granted by Honble Bombay High Court. Hence, application at Exh.6 preferred by the plaintiff to strike off the defence be allowed.
It appears that, defendant have not yet filed reply to Exh.6.
Defendant shall file reply to Exh.6.
It is made clear to parties that, they should inform this Court whether the Suit is stayed or not, by the Honble Bombay High Court. Else, Exh.6, be put for necessary stage.
Suit adjourned to 23.04.2024 for reply on Exh.6.
Next Purpose: REPLY
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Aditya Pratap present for plaintiff.
Adv. Rudra Kanetkar present for defendant no.1 and 3.
Defendant has not filed reply to Exh.06.
He submitted that he has preferred Appeal before the Honble Bombay High Court. However he is yet to get the circulation.
He submitted that Honble Bombay High Court has not granted any stay to the proceedings.
Plaintiff to make submissions regarding which defences are to be strike off.
Suit adjourned to 20.06.2024 for reply to Exh.06.
Next Purpose: REPLY
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Ravindra Singh V/s Srushti Raj Enterprises
Adv. Aditya Pratap present for plaintiff.
Adv. Rudra Kanekar present for defendants.
Adv. Pankaj Shinde submitted that, he is likely to file appearance for defendants.
Exh.7- Application filed by Adv. Kanekar for discharge from the Suit from the capacity of defense lawyer.
Plaintiff and defendant to comply directions issued by this Court in Roznama Dt. 15.03.2024.
On oral request of plaintiff, Suit is kept back.
L.O. at 15.05 Hrs.
Adv. Neel Paralikar present for plaintiff.
Exh.8 - Pursis filed by plaintiff stating that, the Hon\''ble High Court has not granted any stay in the dispute.
Parties to take appropriate steps by next date.
Suit adjourned to 08.08.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Aditya Pratap present through video conference for plaintiff.
Adv. Neel Paralkikar present in the court hall for plaintiff.
Adv. Pankaj Shinde present for defendant. He submitted that, he is likely to file vakilpatra for defendants.
Application at Exh.06 is put for order on next date.
Suit adjourned to 03.10.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Plaintiff side called, but absent.
Defendant side called, but absent.
Later on at 12.35 Hrs.
Adv. Aditya Pratap present for plaintiff.
Perusal of roznama dt. 08.01.2024 show that, defendant has filed appeal from Order No. 18368 / 2022 before Honble Bombay High Court.
Parties to inform whether Honble Bombay High Court has passed any directions to this Court.
Suit adjourned to 05.12.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Adv. Aditya Pratap present for plaintiff through VC.
Adv. Neel Paralikar present in the Court Hall for plaintiff.
Adv. Mallika Pujari present for defendant.
All submitted that, the Honble Bombay High Court has not granted any stay.
Plaintiff submitted that, its application at Exh.6 filed on 11.08.2023 is not replied by defendant till date.
Considering aforesaid fact, application at Exh. 6 to proceed without reply of defendant.
Parties to argue application Exh.6 on next date.
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.
On oral request of both sides, Suit adjourned to 07.01.2025 for argument on application Exh.6.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Aditya Pratap present for plaintiff.
Adv. Mallika Pujari present for defendant.
Heard the Learned Counsels.
Perusal shows relevant dates as follows -
09.01.2020 - Suit is filed for recovery of Rs. 81,27,000/-.
Order Dt. 05.12.2019 shows that, plaintiff has sought exemption U / Sec. 12-A of the Commercial Courts Act regarding Pre-Institution Mediation. Same was granted by my Learned Predecessor.
11.03.2020 - Plaintiff tendered Notice of Motion No. 101092 / 2020 seeking ad-interim reliefs.
30.04.2022 - Notice of Motion No. 101092 / 2020 was allowed, wherein defendants were directed to deposit Rs. 28,00,000/- in the Court within period of two months from the date of Order.
01.08.2022 - Defendants contended that, they have challenged Order Dt. 30.04.2022, before the Honble Bombay High Court.
26.06.2023 - Defendants contended that, they have challenged Order Dt. 30.04.2022 before the Honble Bombay High Court, however, defendants failed to disclose details of proceedings before the Honble Bombay High Court.
11.08.2023 - Plaintiff filed application to strike out the defense.
08.01.2024 - For the first time, defendants orally stated that, they have preferred Appeal from Order No. 18368 / 2022 before the Honble Bombay High Court. Again defendants failed to file details about said Appeal from Order.
20.06.2024 - Defense Lawyer Adv. Kanekar sought his discharge.
Throughout, on almost every day, defendants were directed to inform about stay, if any or to file reply to Exh. 6. Till date, defendants have not filed any details about Stay and also not filed reply to Exh. 6. Defendants have also not filed Written Statement. Considering aforesaid facts, following Order is passed -
ORDER 1. Suit to proceed without Written Statement.
2. Order dictated and pronounced in presence of aforesaid Counsels.
3. Parties to take appropriate steps as per stage of Suit.
Exh. 9 - Writ of Summons filed by plaintiff.
Plaintiff ought to have filed this Writ of Summons at the very first instance today. However, he choose to file it, after the Order is dictated. Further, said Writ of Summons is not accompanied with Affidavit.
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 07.03.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: Adv. Aditya Pratap @Adv. Rohan Mohanto for plaintiff through VC.
Adv. Ajinkya Ashtikar for plaintiff present in court hall.
On the oral request of the adv. for the plaintiff, Matter stands Adj for taking steps on 16-04-2025.
Later on at 3.55 pm
Adv. Ajinkya Ashtikar for plff present.
Exh.10 Application for inspection of the court file.
O. Seen.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: Adv. Kajal Chari for plaintiff present.
None present for defendant.
Exh.10 Adjournment application filed by advocate for the plaintiff.
O. Seen.
KB, Later on at 03.22 pm
Matter stands Adj to 09-06-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: As Court is vacant, board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Adv. Nikita Jadhav i/b Aditya Pratap Law Offices for plaintiff present in court hall.
Adv. Rohan Mohata for plaintiff present through VC.
Writ of summons is filed Exh.9 is not accompanied with affidavit. Advocate for plaintiff submit that plaintiff want to move chamber summons for amendment in the plaint. It is directed that plaintiff first shall rectify irregularity by filing supporting affidavit Exh.9.
Matter stands Adj to 15-09-2025 for steps.
Later on at 12.25 pm
Adv. Ravindra Singh for plaintiff present,
Adv for the plaintiff filed draft Chamber Summons along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy be served to other side
Matter already adjd to 15-09-2025 for service of Ch/Sum.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: Adv. Aditya Pratap i/b Aditya Pratap Law Offices for plaintiff present.
On the oral request of the adv for the plaintiff, matter stands Adj to for filing service affidavit of chamber summons. It appears plaintiff not tendered on record registered chamber summons. Advocate for plaintiff is directed to tender registered chamber summons on record.
Kept back.
Matter stands Adj to 17-10-2025 for service affidavit of Ch/Sum.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Aditya Pratap for plaintiff present.
None present for defendants.
Advocate for plaintiff tendered the registered Chamber Summons No.1916/2025 along with affidavit in support. TOR
Exh.11 Service affidavit in respect of Chamber Summons filed by plaintiff.
As per service affidavit defendant No.1 and 2 are served on 27.09.2025 and defendant No.3 on 29.09.2025. Defendants not filed reply on Chamber Summons. Hence, Chamber Summons shall be heard without reply of defendants.
Matter stands Adj to 28-11-2025 for argument on Chamber Summons.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Adv. Aditya Pratap for plaintiff present in Court hall.
Adv. Rohan Mohanto for plaintiff present through VC.
None present for defendant.
Order on Chamber Summons No.1916/2025
Heard Advocate for plaintiff. Perused affidavit annexed with Chamber Summons and schedule of proposed amendment. Despite of service defendants not filed reply on Chamber Summons. By this amendment plaintiff proposed to claim amount Rs.28,00,000/- based on 18% interest per annum (interest till the date of filing suit). In order to avoid to multiplicity of litigation Chamber Summons is allowed. No prejudice will be caused to defendant because they will be getting an opportunity to contest the claim on merit, if they want to. Hence, Chamber Summons is allowed in terms of prayer clause (A) subject to payment of necessary Court fees by plaintiff. Amendment be carried out within a period of two weeks and plaintiff shall submit copy of amended plaint and shall serve it on defendants. Defendants are also permitted to make any consequential amendment in their written statement in view of amendment in the plaint.
Matter stands Adj to 22-01-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: (By precipe)
Adv. Kajal Chari for plaintiff present.
Exh.12 Application for taking the matter on today's board.
O. Allowed.
Exh.12A Application for extension of time to carry out amendment. O-Allowed.
Exh.13 Application for dispensing personal appearance of plaintiff. O- Heard. It appears plaintiff reside in France. Grounds are satisfactory, allowed.
Matter already adjd to 22-01-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: Adv. Aditya Pratap for plaintiff present.
Advocate for plaintiff submit that instead of mentioning prayer clause mentioning (h) plaintiff has mentioned prayer clause (g) (i) (ii) (iii) in the chamber summons and plaintiff want to court passed the order for correcting said mistake committed by plaintiff when chamber summons is already allowed and disposed off. Plaintiff is directed to move necessary application in this regard.
Matter stands Adj to 18-02-2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: Matter pertains to C.R. No.31
Adv. Aditya Pratap for plaintiff present.
Adv. Hitesh Jain for defendant present.
Exh.14 Advocate for defendant filed VP along with NOC of previous advocate
Matter stands Adj to 18-03-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2026
Date: 18-03-2026
Business: Later on at 01.25 pm
Same appearance for plaintiff.
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 17-04-2026 for tendering registered Ch/Sum.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: Adv. Kajal Chari for plaintiff present
Adv. Prashant Punj Mishra for plaintiff present through VC.
Adv. Rahul Singh for defendants present.
Advocate for plaintiff tendered the registered Chamber Summons No.933/2026 along with affidavit in support. TOR
Copy is already served on other side.
Matter stands Adj to 11-06-2026 for reply on Ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Adv. Vikas Rai a/w Adv. Annu Kushwaha for plaintiff present through VC.
Adv. Rajesh Singh for defendant present through VC and prayed for time to file reply to Ch/Sum 933/2026. O- Time granted.
Matter stands Adj to 16-07-2026 for filing reply on Ch/Sum.
Next Purpose: C/S REPLY
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Adv. Kajal Chari for plaintiff present.
Adv. Saurav Singh for defendant present and filed reply to Chamber Summons. TOR. Copy served to other side.
Heard argument of both sides on Chamber Summons.
FRSR following order is passed on Ch/Sum 933/2026
ORDER
1
The Chamber summons No.933 of 2026 is allowed in terms of prayer Clause-A.
2
The plaintiff to carry out amendment within stipulated period.
3
The Chamber summons No. 933 of 2026 is disposed of accordingly.
Matter stands Adj to 27-08-2026 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Adv. Kajal Chari a/w Adv. Prashant Mishra on VC i/b Aditya Pratap for plaintiff present and filed an application for extension of time and also an application for dispensed with personal appearance. TOR
O- Time extended and personal appearance is dispensed with.
Matter stands Adj to 07-10-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2026