Chetana Book Depot Through Shaji JohnVsThamarai Kannan

Date: 17-12-2022
Business: Adv. Nitin Thakur I/b Sudhakar Lakhani Present for Plff.
None Present for Deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Issue writ of summons to deft.
Adj. For Service affidavit on 31/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv Madhuri Lakhani for plaintiff present.
Adv  Rakesh Pathak for defendant present.
Exh.5 Adv of plaintiff has filed service affidavit with Speed post card. It shows that defendant served suit summons on 14.01.2023.
Exh.6 Adv R. H. Pathak has filed Vakalatnama on behalf of defendant.
Defendant present.
Case adjd for w/s subject to limitation  on 14.02.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: By Precipe
Defendant present. His advocate absent.
Exh.07 - Defendant has filed application for matter taking on today’s board. Granted.
DefT contended that he served with suit summons on 14-01-2023.
Exh.08 - Defendant has filed Written Statement
Exh.09 - Address memo
Exh.10 - Documents with list filed by defendant.
Copy of WS be served to the plaintiff.
Defendant seeks time for filing statement of truth.
Matter is already adjourned for statement of truth to 14-02-2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv. Madhuri Lakhani h/f Adv. S.G. Lakhani for plaintiff is present.
Adv. Rakesh Pathak a/w defendant is present.
Exh.11 - Statement truth filed by adv for defendant.
Copy of WS, statement of truth served to the adv for plaintiff.
Case is adjourned for admission denial to 27-03-2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Madhuri Lakahni Present for Plff.
Adv. Rakesh Pathak Present for Deft.
Parties have not filed admission and denial.
Adj. For Draft issues on 06/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: By Praecipe
Adv. Rakesh Pathak Present for Deft.
Deft present.
Exh.12- Application for taking matter on today\''s board. - Allowed.
Adv of deft has filed statement of admission and denial along with affidavit but the previous date the parties have not filed admission and denial therefore matter posted for draft issues. Hence admission and denial is not taken on record.
Adj. For Draft issues on 06/06/2023.
LO 1.30 pm.
Adv of deft has filed draft NM along with affidavit for condonation of delay in filing admission and denial. Leave granted to register NM. Copy be served upon otherside.
Adj. For Draft issues on 06/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: 06.06.2023
19
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 841/2022@ NM 1750/2023
None present for plaintiff.
Adv. Rakesh Pathak for Defendant present and tender registered NM 1750/2023 @ affidavit support.
KB.
L.O. at 01.30pm
Adv. Madhuri Lakhani for plaintiff present.
Adv. Rakesh Pathak for Defendant present
Ld. Adv. for the plaintiff filed affidavit in reply for NM.  T.O.R.
copy served otherside.
Adjd to 11/07/2023 for hearing on NM .
								Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Adv. Ranawat for plff present.
Adv. Rakesh Pathak for deft present.
KB
LO at 12.50 pm.
Defendant present.
Adv. Rakesh Pathak for deft present.
None present for plff.
Heard the Ld. adv for deft on NM 1750/23.
Kept back for hearing of plff.
LO at 2.00 p.m.
Same appearance
None present.
Case adjourned for hearing to 2/8/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Prasad Pawaskar i/b Sudhakar Lakhani for plff present.
Adv. Rakesh Pathak for deft present.
Ld adv for plff orally prayed for time for hearing on behalf of plff on NM 1750/23.
O- Last chance granted to the plff for hearing on NM 1750/23.
Adj.for hearing on NM 1750/23 to 05.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv. Prasad Pavaskar h/f Adv. S. Lakhani  for plaintiff is present.
Adv. Rakesh Pathak  def.  is present.
Ld adv. for plaintiff orally requested to KB the matter as his senior will be appearing at 01.00 p.m.
KB for NM hearing on behalf of plaintiff.
L.O at 01.45 p.m.
Adv. S. Lakhani  for plaintiff is present.
Adv. Rakesh Pathak  def.  is present.
Herd both the sides on NM No. 1750/2023.
Matter is adj for order on NM No. 1750/2023 to 09/08/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Prasad Pawaksar h/f Sudhakar Lakhani for plaintiff is present.
KB
L.O. at 03.30 p.m.
Adv. Rakesh Patil for defendant is present.
F.R.S.R. Following order is passed.
ORDER
1. Notice of Motion No. 1750 of 2023 is hereby allowed.
2. The defendant is permitted to file his affidavit of admission and denials by next date.
3. No order as to costs.
Matter is adj for admission and denial to 06/09/2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: A.R. of plaintiff is present.
Adv. Ken Misquitta for plaintiff is present.
Defendant present.
Adv. Pathak for def. is present.  He pointed out that his affidavit of admission and denial is already on record.
 Exh. 13 - Defendant’s affidavit of admission and denial.
Matter is adj for CMH to 12/10/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Prasad Pawaskar i/b Adv. Sudhakar Lakhani for plaintiff is present.
Exh. 14 - Draft issues filed by ld adv of def.
Adv. Rakesh Pathak  for def.  is present and orally seeks time to file draft issue. O- Time granted as prayed for.
Heard both side on CMH.
Case Management Hearing/ Schedule.
On or before
Business.
23.11.2023
Framing of issues.
06.12.2023
Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
06.12.2023 to 23.01.2024
Evidence of witnesses of plff. ( Chief and Cross examination)
23.01.2024 to 23.03.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 23.03.2024
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavit of witness of both the parties to 23/11/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Court is on leave. Hence adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: None present for plff.
Adv. Vanita Shinde h/f Adv. Rakesh Pathak for Deft. is present.
Matter is adj. for R/E to 25.01.2024.
LO at 12.05 pm.
Adv. Sudhakar Lakhani for plff. is present.
None present for deft.
Ld adv of plff tendered draft Ch/s alongwith affidavit.
O-Leave granted to register Ch/s.
Copy be served to the other side.
Matter is adj. for Ch/s returnable to 25.01.2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Adv. Lakhani for plaintiff is present and and tendered registered Ch/S No. 2414/2023 along with affidavit in support.
Adv. Rakesh Pathak  for def. is present and orally requested for permission to give his handwritten reply on the Ch/S No. 2414/2023. O- Permission granted as prayed for.
Ld. adv of def. gave his handwritten reply on Ch/S itself.
Exh. 15 - Draft issued filed by ld. Adv. of def.
Following order is passed in Ch/S No. 2414/2023.
For the reason separately recorded.
Operative part of order.
1.	Chamber Summons No.2414 of 2023 in Commercial Suit No.841 of 2022 is hereby allowed.
2.	The plaintiff is permitted to carry out amendment in the title of the plaint by incorporating new name of plaintiff firm as per Schedule annexed to the Chamber Summons.
3.	The amendment to be carried out within 14 days from today.
4.	The verification of the amended plaint by the Constituted Attorney of plaintiff is be dispensed with.
5.	The Chamber Summons be disposed off accordingly.
Matter is adj. for compliance and framing of issues to 12/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: None present.
ORDER : As permitted vide order dt. 25.01.2024, the plaintiff has carried out amendment in the plaint on 03.02.2024 therefore, it is hereby directed to file amended plaint on record on the next date.
Matter is adj. for compliance to 06/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv. Lakhani for plaintiff is present and requested time for taking steps. O- Time granted as prayed for.
Adv. Vanita Shinde h/f Adv. Rakesh Pathak  for def. is present.
Matter is adj. for steps to 03/04/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Adv. Lakhani for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it. Copy be served to other side.
None present for defendant.
Matter is adj. for Ch/S returnable to 25/04/2024.
Later on at  12.30 p.m.
Adv. Vanita Shinde h/f Adv. Rakesh Pathak for defendant is present.
None present for plaintiff.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Adv. Madhuri Lakhani h/f Adv. Sudhakar Lakhani for plaintiff is present and tendered registered Ch/S No.734/2024 along with affidavit in support.
None present for defendant.
Matter is adj. for Ch/S reply to 28/06/2024.
Next Purpose: C/S REPLY
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: P.O. is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Adv. Gaurav Gupta h/f adv. Sudhakar Lakhani for plaintiff is present.
Adv. Vanita Shinde h/f Adv. Rakesh Pathak  for def. is present and orally requested time for filing reply affidavit on Ch/S No. 734/2024.
ORDER - Oral request on behalf of the defendant to file reply affidavit on Ch/S No. 734/2024 is hereby rejected because since, 25.04.2024 matter is for Ch/S reply.
Heard both the sides on Ch/S.
ld.adv of defendant vehemently opposed the Ch/S.
Matter is adj. for Ch/S order to 09/08/2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Madhuri Lakhani for plaintiff is present.
Adv. Vanita Shinde h/f Adv.Rakesh Pathak for def. is present.
Following order is passed in Chamber Summons No.734/2024.
For the reason separately recorded.
Operative part of order.
1.	The Chamber Summons No.734 of 2024 in Commercial 		Suit No.841 of 2022 is hereby allowed.
2.	The plaintiff is permitted to carry out the proposed
          amendments as mentioned in the Schedule of
          Amendments to the present Chamber Summons.
3.	The plaintiff shall carry out the said amendments in the plaint on or before next date and shall file amended plaint 	accordingly.
4.	No order as to costs.
Matter is adj. for Compliance to 19.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Court is vacant hence adj to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: Parties are absent.
Adv. Lakhani  for plaintiff is present.
Exh.A– Amended plaint alongwith gist of prayer and index filed by ld. Adv of plaintiff. O- Read and Record.
None present for defendant.
Draft issues have been already placed on record by the parties at Exbts. 14 and 15.
Exh.16- Issues are framed.
Matter is adj. for CMH to 09.06.2025.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Parties are absent.
Adv. Madhuri Lakhani  present for plaintiff.
None present for defendant.
Matter is adj. for CMH to 08.07.2025.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: Parties are absent.
Adv. Madhuri Lakhani present for plaintiff.
Adv. Nagpal  present  through V.C. for defendant.
Late on at 05.15 p.m.
Adv. Madhuri Lakhani present for plaintiff and pointed out that CMH done long back and matter is wrongly posted of under the said caption and adjourned the schedule to conduct the matter.
None present for defendant.
Matter is adj. for recording evidence to 15.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Pathak present through V.C for defendant.
Matter is adj. for steps/dismissal to 08.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Witness PW-1 is present.
Adv. Sudhakar Lakhani present for plaintiff.
Exh.17 - Evidence affidavit filed by ld. Adv of plaintiff. TOR
Exh.18 - List of documents filed by ld. Adv of plaintiff. TOR.
Oath is given to witness PW-1.
None present for defendant.
Plaintiff is directed to serve copy of evidence to defendant.
Matter is adj. for admission and denial and exhibition of documents to 20.02.2026.
Later on at 01.45 p.m.
Adv. Rakesh Pathak present through V.C. for defendant.
Matter is adj. for admission and denial and exhibition of documents to 20.02.2026.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: Plaintiff witness is present.
Adv. Sudhakar Lakhani  present for plaintiff.
Adv. Rakesh Pathak present through V.C. for defendant and orally seeking time for filing admission and denial. O- Time is granted subject costs of Rs.1000/- to be paid to the DLSA.
No admission denial is filed.
Case Management Hearing/ Schedule.
Business
On or Before
Affidavit of evidence
Plaintiff and defendant shall file affidavits of evidence of all witnesses on next date with list of witnesses.
Court commissioner for Cross Examination
Cross-examination of Plaintiff’s witnesses to be conducted through court commissioner. Plaintiff and defendant are directed to suggest the name of any advocate having typing skill till next date.
Cross- examination of plaintiffs witness.
Cross examination of plaintiff’s witnesses to be completed till end of April, 2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of June, 2026.
Arguments
Parties shall file the written arguments  with brief oral submission till July, 2026.
It is clarified that no adjournment shall be granted except for cogent reasons and on payment of costs, strictly in accordance with Order XV-A CPC.
            Cross examination of witnesses once began shall be conducted day to day.
	 Parties shall strictly adhere to the above timeline. Any breach shall invite appropriate consequences as per law.
Matter is adj for affidavits of witnesses of both the parties to  16.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: Parties are absent.
Adv. Lakhani present for plaintiff and filed list of witnesses. TOR and marked as Exh.19.
None present for defendant.
Kept back.
L.O at 13.16 pm.
Witness Mr. Shaji John is present.
Adv. Lakhani present for plaintiff.
Defendant is absent.
Defendant did not filed statement of admission and denial.
     Documents produced by plaintiff vide Exh.18, have been referred and proved in the affidavit of evidence. Hence, they are marked as Exh. P1 to P6, Invoices produced at Sr. No. 07 to 40 are marked as Exh.P7/1 to P7/34. Documents at Sr. 41 to 44 are marked as Exh.P8 to P11. The Following documents are exhibited.
Exh. P1 – True copy of the certificate of change of name of the plaintiffs firm from Chetana Book Depot to Chetana Publications (India) LLP.
Exh. P2 – True copy of the certificate of chance of name of the plaintiffs firm from Chetana Publications (India) LLP to Chetana Education LLP.
Exh. P3 – True copy of the certificate of chance of name of the plaintiffs firm from Chetana Education LLP to Chetana Education Limited.
Exh. P4 – True copy of the Resolution dated 22.01.2024.
Exh. P5 – Copy of Mediation Application from filed before the Mediator.
Exh. P6 – Non-Starter report for the pre-institution Mediation.
Exh. P7/1 – Office copy of Invoice No. 1138.01 dtd. 08.04.2017.
Exh. P7/2 – Office copy of Invoice No. 1141.01 dtd. 08.04.2017.
Exh. P7/3 – Office copy of Invoice No. 1143.01 dtd. 08.04.2017.
Exh. P7/4 – Office copy of Invoice No. 1385.01 dtd. 10.04.2017.
Exh. P7/5 – Office copy of Invoice No. 1839.01 dtd. 12.04.2017.
Exh. P7/6 – Office copy of Invoice No. 2839.01 dtd. 19.04.2017.
Exh. P7/7 – Office copy of Invoice No. 2840.01 dtd. 19.04.2017.
Exh. P7/8 – Office copy of Invoice No. 2841.01 dtd. 20.04.2017.
Exh. P7/9 – Office copy of Invoice No. 3792.01 dtd. 26.04.2017.
Exh. P7/10 – Office copy of Invoice No. 3785.01 dtd. 26.04.2017.
Exh. P7/11 – Office copy of Invoice No. 3791.01 dtd. 26.04.2017.
Exh. P7/12 – Office copy of Invoice No. 3786.01 dtd. 27.04.2017.
Exh. P7/13 – Office copy of Invoice No. 4481.01 dtd. 03.05.2017.
Exh. P7/14 – Office copy of Invoice No. 3935.01 dtd. 03.05.2017.
Exh. P7/15 – Office copy of Invoice No. 4483.01 dtd. 03.05.2017.
Exh. P7/16 – Office copy of Invoice No. 4973.01 dtd. 03.05.2017.
Exh. P7/17 – Office copy of Invoice No. 4973.01 dtd. 09.05.2017.
Exh. P7/18 – Office copy of Invoice No. 5747.01 dtd. 09.05.2017.
Exh. P7/19 – Office copy of Invoice No. 6274.01 dtd. 13.05.2017.
Exh. P7/20 – Office copy of Invoice No. 8199.01 dtd. 30.05.2017.
Exh. P7/21 – Office copy of Invoice No. 8166.01 dtd. 31.05.2017.
Exh. P7/22 – Office copy of Invoice No. 8165.01 dtd. 31.05.2017.
Exh. P7/23 – Office copy of Invoice No. 8276.01 dtd. 01.06.2017.
Exh. P7/24 – Office copy of Invoice No. 8830.01 dtd. 07.06.2017.
Exh. P7/25 – Office copy of Invoice No. 9066.01 dtd. 07.06.2017.
Exh. P7/26 – Office copy of Invoice No. 8830.01 dtd. 10.06.2017.
Exh. P7/27 – Office copy of Invoice No. 10738.01 dtd. 21.06.2017.
Exh. P7/28 – Office copy of Invoice No. 10219.01 dtd. 22.06.2017.
Exh. P7/29 – Office copy of Invoice No. 12308.01 dtd. 27.06.2017.
Exh. P7/30 – Office copy of Invoice No. 12306.01 dtd. 27.06.2017.
Exh. P7/31 – Office copy of Invoice No. 12905.01 dtd. 29.06.2017.
Exh. P7/32 – Office copy of Invoice No. 17157.01 dtd. 02.08.2017.
Exh. P7/33 – Office copy of Invoice No. 18699.01 dtd. 02.09.2017.
Exh. P7/34 – Office copy of Invoice No. 20062.01 dtd. 17.10.2017.
Exh. P8  – True copy of the dishonored cheque dtd. 06.07.2018.
Exh. P9 –  Copy of the Ledger account of the defendant.
Exh. P10 – Statement u/s 65B of Indian Evidence Act.
Exh. P11 – Office copy of Notice dtd. 25.03.2019 sent by RPAD.
Defendant and their advocate is absent for cross-examination. Hence, matter to proceed without cross-examination.
Advocate for plaintiff also filed evidence closure pursis. TOR and marked as Exh.20.
Matter is adj. for evidence of defendant to 15.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: Parties are absent.
Adv. Sudhakar Lakhani present for plaintiff.
Adv. Saurav Singh h/f Adv. Rakesh Pathak present for defendant and tendered draft NM along with affidavit in support. O.-Leave granted to register it.  Copy be served to the other side.
Matter is adj. for NM returnable to 30.06.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: Parties are absent.
Adv. Lakhani present for plaintiff and orally seeking time for NM reply. O-Granted.
Adv. Saurabh Singh present through V.C. for defendant.
Registered NM No. 2136/2026 not tendered by defendant.
Matter is adj. for NM returnable to 04.08.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: Parties are absent.
Adv. Sudharkar Lakhani present for plaintiff.
Adv. Saurav Singh present for defendant and tendered registered NM No 2163/2026.
Ld. adv of plaintiff given hand written reply on NM No. 2163/2026.
Heard both sides on NM.
Matter is adj. for citations in NM to 05.09.2026.
Next Purpose: CIATATION
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: As per office circular No. 270 of 2026 holiday declared on account of Gokulashthmi. Hence, matter is adjourned.
Next Purpose: CIATATION
Next Hearing Date: 03-10-2026

CHAMBER SUMMONS/102414/2023
NOTICE OF MOTION/102163/2026
NOTICE OF MOTION/101750/2023
CHAMBER SUMMONS/100734/2024

Filing Number: 102062/2021
Filing Date: 25-02-2021
First Hearing Date: 17th December 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE