Date: 20-06-2019
Business: Matter called out (12.50 p.m.)
Adv. Mr. Aniket Mokashi I/b. Adv. Mr. V.N.Naik and Co. for plaintiff present.
Time granted to plaintiff to served the defendant.
Adjd. to 30.08.2019 for written of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv. for defendant present.
Advocate for plaintiff is present failed to file affidavit in service. Hence is suit is keep for further order on next date.
Matter adjd to 26.09.2019 for further order.
Next Purpose: ORDER
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Amit Joshi for plaintiff present.
Adv.for defendant no. 4 present.
Advocate for defendant no. 4 tender vakalatnama.
Ld. counsel for defendant no. 4 is submitted that he doesn\''t get copy and document @ writ of summons. Ld counsel for plaintiff ready to delivered the copies.
Plaintiff failed to filed affidavit in service against def no. 1 to 3.
Matter adjd to 26.03.2020 for tendering copies to def no. 1 and taking steps against defendant no 1 to 3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: As per office order 64/2021
Adjd to 07-09-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Aniket Tawade for plaintiff present.
None for defendant no. 4.
Matter is adjd.to 30-09-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
None for defendant no. 4.
The plaintiff is directed to file affidavit of service regarding defendants no. 1 to 3 on or before the next date failing which necessary order will be passed.
Matter is adjd.to 12-11-2021 for affidavit of service.
LO
Adv. Vinod Naik for plaintiff present and prayed for time to file affidavit of service. - granted.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None for plaintiff.
None for defendant no. 4
Matter is adjd.to 04-12-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Plaintiff present in person present.
Adv. for plaintiff absent.
Adv. Sunil Tiwari for defendant no.1 and 4 and filed V/N t.o.r. and marked as Exh.4.
Matter is adjd.to 10-01-2022 for filing affidavit of
service regarding defendant no.1, 2 and 3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None for plaintiff.
Matter is adjd.to 28-01-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: None for plaintiff.
Matter is adjd.to 07-03-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Sneha Sonawane for plaintiff present and filed affidavit of service with original writ of summons and two closed returned envelops and two track reports of postal authority t.o.r. and marked as Exh.5
Matter is adjd.to 08-04-2021 for ex parte order angainst defts no. 1 and 4 and steps against deft. no. 2 and 3.
Next Purpose: ORDER
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None for plaintiff.
Adv. Sunil Tiwari for defendants no. 1 and 4 present.
On perusal of record, it appears that writ of summons was sent to the defendants through RPAD and defts. no. 1 and 4 duly served with writ of summons on 22-11-2021 as per track reports annexed with writ of summons Exh. 5. Adv. Sunil Tiwari appear for defendants no. 1 and 4 and filed vakalatnama Exh. 4 on 04-12-2021, but written statement is not filed till today. Hence, suit to proceed without written statement against defts. no. 1 and 4.
Matter is adjd.to 05-05-2022 for steps against defts. no. 2 and 3
LO
Adv. Sneha Sonawane for plaintiff present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Sneha Sonawane h/f Vinod Naik and Co. for plaintiff present.
None for defendant no. 1 and 4.
Time is extended for service of writ of summons upon defendants no.2 and 3.
Matter is adjd.to 06-07-2022 for writ of summons against
defendant no.2 and 3.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Vinod Naik for plaintiff present.
Adv. for plaintiff submitted that Awaiting report of service of summons on defendant No 2 and 3 hence sought time
Adjd for affidavit of service to 06/08/2022
L. O
Adv. Ravi Kotian for defendant No. 1 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None for plaintiff when called.
KB LO
Adv. Navnath Devkate for plaintiff present.
Exh-7 Affidavit of service filed by adv. for plaintiff. O- Seen.
As per affidavit writ of summons is issued to defendants by RPAD. As per track report the writ of summons is duly served to 2 and 3. Defendant No. 2 and 3 are not present. None for defendant No. 2 and 3. Hence suit to proceed exparte against defendant No. 2 and 3.
Adjd for exparte evidence to 24/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Sunil Tiwari for defendant no. 1 and 4 present.
None for plaintiff when called. Plaintiff not lead evidence till date.
Adjd for exparte evidence to 16/09/2022
L. O
Adv. Vinay Dubey for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: None present from both sides.
Plaintiff directed to lead the evidence on next date otherwise further order will be passed.
Matter adjd to 19.11.2022 for Ex-parte evidence.
L.O. at
Adv. Vinod Naik for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Vinod Naik for plaintiff present.
Adv. Sunil Tiwari for defendant No. 1 and 4 present.
Adjd. to 12/12/2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. V. N. Naik for plaintiff present and seeks time to file evidence affidavit. Plaintiff to file evidence on next date.
Adjd for exparte evidence to 13/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv Priyanka Chavan i/b V.N. Naik and Co. for plaintiff is present.
None for defendant.
KB L.O. at 1.08 pm
Plaintiff is present.
Adv. Vinod Naikh a/w Adv. Priyanka Chavan i/b V.N. Naikh & Co. for plaintiff is present.
Exh.08 – Affidavit of examination of chief of plaintiff Yatin Gujar recorded. O- Plaintiff Yatin Gujar is present before court. He admits contents of affidavit. Hence, it is R and R.
Exh.09 - List of document t.o.r. O-Filed.
Following documents were proved in the examination in chief of witness.
Exh.10 – Original receipt issued by Surshti Raj Enterprise (India) Ltd dated 12-08-2009.
Exh.11 – Original receipt issued by Surshti Raj Enterprise (India) Ltd dated 15-08-2009.
Exh.12 – Original allotment letter issued by Srushti Raj Enterprise (India) Ltd dated 19-08-2009.
Exh.13 - Original receipt issued by Surshti Raj Enterprise (India) Ltd dated 02-03-2015.
Exh.14 - Original receipt issued by Surshti Raj Enterprise (India) Ltd dated 02-04-2015.
Exh.15 – Original legal notice dated 03-12-2018 alongwith acknowledgment card bearing endorsement of receipt
Case adjourned for cross-examination to 06-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Adv. Vinod Naik a/w Adv. Priyanka Chavan a/w Adv. Tejasvi Babar i/b Naik and Co. for plaintiff is present.
KB L.O. at 1.42 pm
Plaintiff witness namely Yatin Gujar is present. Oath is administrated to the plaintiff.
None for defendant nos. 1 and 4.
Defendant nos. 1 to 4 are absent when called out. The suit was already proceeded exparte against the defendant nos. 2 and 3. Thus the defendant nos. 1 and 4 appeared before the court but they failed to file WS on record. The defendant nos. 1 and 4 failed to take cross of plaintiff. Hence, no cross-examination.
Exh.16 - Ld adv for plaintiff filed evidence close pursis t.o.r. O- R and R.
Case is adjourned for argument to 22-02-2023.Adv. Vinod Naik a/w Adv. Priyanka Chavan a/w Adv. Tejasvi Babar i/b Naik and Co. for plaintiff is present.
KB L.O. at 1.42 pm
Plaintiff witness namely Yatin Gujar is present. Oath is administrated to the plaintiff.
None for defendant nos. 1 and 4.
Defendant nos. 1 to 4 are absent when called out. The suit was already proceeded exparte against the defendant nos. 2 and 3. Thus the defendant nos. 1 and 4 appeared before the court but they failed to file WS on record. The defendant nos. 1 and 4 failed to take cross of plaintiff. Hence, no cross-examination.
Exh.16 - Ld adv for plaintiff filed evidence close pursis t.o.r. O- R and R.
Case is adjourned for argument to 22-02-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv Vinod Naik i/b M/s. V.N. Naik and Co for plaintiff is present.
None for defendant.
Court busy in dictating judgment in Commercial suit No. 422 of 22, commercial summary suit No. 392 of 22 and 174 of 22 and dictating order on summary judgment No. 04 of 2022.
Case is adjourned for argument to 04-03-2023 at 3.00 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. V.N. Naik for plaintiff is present.
None for defendant.
Heard ld adv for plaintiff.
Case is adjourned for judgment to 13-03-2023.
Next Purpose: JUDGMENT
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: None present.
Court is busy in NM hearing on NM 4198 of 22, 166 of 22, 4985 of 22 and 4986 of 22 and dictating judgment in Commercial Suit No. 95 of 22.
Case is adjourned for judgment to 23-03-2023.
Next Purpose: JUDGMENT
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Vinod Naik for plaintiff present. He sought time for filing ruling. Time granted.
Case is adjourned on 01.04.2023 for citation.
Next Purpose: CIATATION
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: At 11.15 am
None for plaintiff present.
Adv. Pankaj Shinde h/f Adv. Ravi Kotian for defendant present and sought adjournment.
Case is adjourned to 15.04.2023 for citation
Next Purpose: CIATATION
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Bhosale for plaintiff is present and sought time for filing citation. Granted.
None for defendant.
Case is adjourned for citation to 28-04-2023.
Next Purpose: CIATATION
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: None present.
Case is adjourned for citation to 06-05-2023.
Next Purpose: CIATATION
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: None present.
Case is adjourned for citation to 08-06-2023.
Next Purpose: CIATATION
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: CORAM :- H.H. THE ADDL.SESSIONS JUDGE SHRI. A.S. SALGAR
(Court Room No. 24)
As per order of Hon\''ble Principal Judge, matter is assigned to this Court.
Matter pertaining to Court Room No.31.
Advocate Mr.Vinod Naik for plaintiff present and sought time for filing citation. O-Granted.
None for defendant.
Matter is adjourned for citation to 22-06-2023.
Next Purpose: CIATATION
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Ms.Jigna Shah h/f advocate Mr.Vinod Nair for plaintiff present and sought time to filing citations. O-Granted.
None for defendant.
Matter is adjourned for filing citations to 28-06-2023.
Next Purpose: CIATATION
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Advocate Ms.Jigna Shah h/f advocate Mr.Vinod Naik for plaintiff present and filed Exh.17 - List of Citations. O-Production allowed.
Advocate for plaintiff sought time for argument as her senior is busy in Hon\''ble High Court. O-Granted.
None for defendant.
Matter is adjourned for argument to 05-07-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Advocate Ms.Jigna Shah h/f advocate Mr.Vinod Naik for plaintiff present.
None for defendant.
Advocate for plaintiff sought time for argument. O-Granted.
Matter is adjourned for argument to 17-07-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Advocate Ms.Jigna Shah h/f advocate Mr.Vinod Naik for plaintiff present and sought adjournment as his senior counsel is suffering from severe fever. O-Strictly last chance is granted.
None for defendant.
Matter is adjourned for argument to 27-07-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Advocate Mr.Rushabh Thacker h/f advocate Mr.Vinod Naik for plaintiff present and filed Exh.18 - Application for adjournment. O-Last chance is granted.
None for defendant.
Matter is adjourned for argument to 04-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Advocate Mr.Vinod Naik for plaintiff present and seeks time for argument. O-Granted.
None for defendant.
Matter is adjourned for argument at 2.45 pm to 18-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Advocate Ms.Priyanka Chavan h/f Mr.Vinod Naik for plaintiff present and seeks time for argument. O-Granted.
None for defendant.
Matter is adjourned for argument at 2.45 pm to 23-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: None for plaintiff.
None for defendant.
Plaintiff and his advocate in 2nd session. Therfore, Plaintiff is directed to argue the matter on next date. Otherwise further order will be passed.
Matter is adjourned for argument to 31-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Advocate Mr.Vinod Naik for plaintiff present.
None for defendant.
Heard argument of advocate of plaintiff.
Matter is adjourned for Judgment to 05-09-2023.
Next Purpose: JUDGMENT
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Advocate Ms.Jigna Shah h/f Mr.Vinod Naik for plaintiff present.
None for defendant.
KB
Later on
As Court is busy recording evidence of PW-6 and 7 in SC No.138/2019 and dictating Judgment in SC No.823/2019. Hence, matter is adjourned.
Matter is adjourned for Judgment to 06-09-2023.
Next Purpose: JUDGMENT
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: None for plaintiff.
None for defendant.
Court pronounced Judgment in the open Court.
Judgment.
F.R.S.R. following order is passed :-
ORDER
1. Commercial Suit No. 760 of 2021 is partly decreed with costs.
2. The defendants are directed to pay to the plaintiff jointly and severally an amount of Rs.12,37,345/- (Rs. Twelve Lakh Thirty Seven Thousand Three Hundred and Fourty Five Only) along with future interest at the rate of 9% per annum from the date of filing of the suit till realization.
3. The defendants shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff namely Yatin Chandrakant Gujar as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-09-2023