M/s. Prabhat Maritime Services Pvt. LtdVsThe National Insurance Co Ltd

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 14.10.2020  for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  24/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to   05/12/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None for plaintiff. None for defendant.
Matter adjd to 04/01/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 19.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv.Mohammed Manisha for plaintiff present.
None present for defendant.
KB
LO
Adv.Mohammed Manisha for plaintiff present and filed application, Exh.2 for issuance of writ of summons t.o.r. O-allowed.
Matter adjd to 17.02.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv.Manisha Mohammad for plaintiff present.
Adv.Pranav Desai present and filed vakalatnama, Exh.3 on behalf of defendant t.o.r. O-filed.
Affidavit of service, Exh.4 filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 12.03.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Authorised signatory of plaintiff present.
Adv.Pranav Desai for defendant present.
Written statement, Exh.5 filed by Adv. of defendant t.o.r. O-filed.
Copy of written statement served to authorised signatory of plaintiff.
Matter adjd to 01.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Pranav Desai for plaintiff present.
adv. P. V. Nelson for defendant present.
Last chance granted.
Matter adjd to 15.04.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-04-2021

Date: 15-04-2021
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 21.4.2021 for  admission and denial
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: None for plaintiff.
Ad. Mr. Pranav Desai i/b Mr. Mulla & Mulla for defendant, undetertake to serve copy of Exh.6 to the plff.
Exh.6- Application submitted by defendant under Order 11 Rule 3 of CPC- Plff to file reply.
Matter is adjd . to 22.06.2021 for reply on Exh.6 and admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Adv. Manisha Mohammad present for plaintiff.
None present for defendant.
The plaintiff by application requested to keep the matter in Lok Adalat. Order-Issues notice of Lokadalat to defendant.
Matter adjd for settlement talks in Lokadalat on 01.08.2021/ admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-08-2021

Date: 01-08-2021
Business: Matter pertaining to C.R. No.32
None present.
Matter Adjd to 11/10/2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv.P.V.Nelson Rajan for plaintiff present.
Adv.Pranav Desai i/b.Mulla and Mulla and Craigie Blunt and Caroe for defendant present.
      Both advocates submits that they have mutual agreed to give inspection of documents to each other on 22.10.2021.
Matter adjd to 08.11.2021 for admission and denial and reply on Exh.6.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Mr.Sunil Tripathi, director of plaintiff present.
Adv.Raunaq Mukherjee i/b.Mulla and Mulla and Craigie Blunt and Caroe for defendant present.
Both parties submits that today we are complying with the part of the inspection of documents. Hence, adjd for admission and denial on 06.12.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv.Manisha Mohd. h/f.Adv.P.V.Nelson for plaintiff present.
Adv.Sankalp Srivastava i/b.Mulla and Mulla and Craigie Blunt and Caroe for defendant present.
        The Ld.Adv.for the plaintiff submits that the defendant has not provided the inspection.  Parties are directed to complete the part of inspection on or before next date.
Matter adjd to 04.01.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plaintiff.
Adv.Sankalp Srivastava i/b Mulla and Mulla & CB & C for defendant present.
Matter adjd to 25.01.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to       15/2/2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv.P.V.Nelson Rajan for plaintiff present.
Adv.Mukharjee i/b.Mulla and Mulla Craige Blunt and Caroe for defendant present.
Defendant filed admission and denial t.o.r. and marked as Exh.8.
Matter adjd to 07.03.2022 for admission and denial by the pltffs, issues and CMH.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv.Manisha Mohd. i/b.Adv.P.V. Nelson Rajan for plaintiff present.
Adv.Raunaq Mukherjee i/b. Mulla and Mulla and Craigie Blunt and Caroe for defendant present.
On oral request of plaintiff last chance is granted for filing admission and denial by the plaintiff.
Matter adjd to 23.03.2022 for admission and denial by the pltff./issues/CMH.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: HHJ ON LEAVE.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Mr.Sunil Tripathi, representative of plaintiff present.
Adv.Ramesh Rajput i/b.Mulla and Mulla and Craigie Blunt and Caroe for defendant present.
Plaintiff filed admission and denial and affidavit in support thereof. Both are t.o.r. and marked as Exh.9 and Exh.10 respectively.
Copies of same received by the defendant.
Matter adjd to 16.06.2022 for CMH and issues.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: None present for plaintiff.
Adv Raunaq Mukharjee I/b Mulla and Mulla present for defendant and filed draft issues at Exh.11. O-Other side to take note of draft issues.
Matter adjd to 12.07.2022 for CMH and draft issues of plff.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. P. V. Nelson Rajan a/w Adv. Manisha Mohammed for plaintiff present.
Adv. Ramesh Rajput I/b Mulla and Mulla and C.B.C. for defendant present.
Ld. Adv. for plaintiff seeking some time for filing draft issues. Granted as a last chance.
Case Adjd for filing draft issues of plff on 16/07/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Adv. Manisha Mohamad Present for Plff.
Adv. Ramesh Rajput I/b Mulla and Mulla Present for Deft.
Representative of Plff present.
Ex.12. Adv of plff has filed draft issues.
Heard adv of both parties on the point of issues.
Ex.13. Issues framed.
Adv of both parties seeks time to filing statement of truth.
Adj. For Statement of truth and Case Management Schedule on 06/08/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Manisha Mohamad Present for Plff.
Adv. Ramesh Rajput I/b Mulla and Mulla Present for Deft.
Representative of plff present.
Ex.14-Adv of plff filed statement of truth. Copy served to otherside.
Ex.15- Adv of deft filed statement of truth. Copy served to otherside.
Ex.16- adv of plff filed case management schedule.
Ex.17 - adv of Deft filed case management schedule.
Heard adv of both parties on case management schedule. Fixed CMS as under.
On or before
Business.
26/09/2022
Evidence of witnesses of plff. ( Chief and Cross examination)
21/10/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 11/11/2022
Arguments
Adj. For Evidence of Plff on 15/09/2022
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None Present for Plff.
Adv. Ronak Mukherji I/b Mulla and Mulla Present for Deft.
Adj. For Evidence of plff on 22/09/2022.
LO 1.00
Adv Manisha Mohammed Present for Plff.
Ex.16. Adv of plff has filed chief examination of PW-1 Sunil Ramnath Tripathi. Copy be served upon otherside.
PW-1 present. Oath given to witness.
Ex.17. Adv of plff has filed compilation of document. Copy be served upon otherside.
Adj. For Marking of document on 22/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. P. V. Nelsoon Present for Plff.
Adv. Mukherjee I/b Mulla and mulla Present for Deft.
Ex.18-  Adv of plff has filed application for adjournment. Call say otherside. Adv of deft has filed say overleaf application. Otherside has no given objection. Adj. Granted.
Adj. For Marking of documents on 01/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None Present for Plff.
Adv. Ramesh Rajput I/b Mulla and Mulla CBC Present for Deft.
Authorised Representative of Sunil Tripathi is present.
Heard on the point of marking documents. Document filed with list Ex.17 are the same documents which were filed with plaint. These documents are referred in chief examination of PW-1. Hence documents are marked as under.
Ex.18 -  Copy of registration certificate issued by the Registrar of companies Dt. 19/01/2005 .
Ex.19 – Copy of Resolution Dt. 25/01/2019.
Ex.20 – Copy of insurance policy dt. 28/08/2016-27/08/2017.
Ex.21 – Certificate issued by the Maharashtra Maritime Board.
Ex.22 – Certificate registration issued by the Registering Authority port officer dt. 13/08/2013.
Ex.23 – Copies of the Email Exchange between the plff and deft dt. 18/04/2017.
Ex.24 – copy of letter issued by the plff dt. 20/04/2017.
Ex.25 – Copy of the letter issued by the  Maharashtra Maritime Board
Ex.26 – Copy of Surveyoer.
Ex.27 – Copy of the Surface dive Sheet of Shiva Marine Salvors and engineers dt. 23/04/2017 till 15/05/2017.
Ex.28 – Copy of the letter sent by the plff dt. 17/05/2017.
Ex.29 – Copy of statement of Faruk Mondal dt. 12/06/2017.
Ex.30 – Copies of the letter issued byt eh plff dt. 12/06/2017 and 06/07/2017.
Ex.31 – Copy of the letter issued by the Maharashtra Maritime Board dt. 06/07/2017.
Ex.32 – Copy of the letter issued by the plff dt. 21/06/2017.
Ex.33 – Copy of the letter issued byt eh plff dt. 21/06/2022.
Ex.34 – Copies of letter issued by the Mumbai Port trust dt. 20/07/2017 and 21/07/2017.
Ex.35 – Copy of the email send by the deft dt. 21/02/2018.
Ex.36 – Copy of the letter issued by the deft dt. 04/04/2018.
Ex.37 – Copy of the letter replied by the plff dt. 12/10/2018.
Ex.38 – Copy of letter issued by the deft dt. 11/04/2018.
Ex.39 – Copy of the letter issued by the deft dt. 23/10/2019.
Ex.40 – Copy of the letter issued by the plff to request for personal hearing dt. 31/01/2019.
Ex.41 – Copy of legal notice issued by the plff advocate dt. 15/04/2019.
Ex.42 – Copies of the police report and newspaper article dt. 19/04/2017.
Ex.43 – Copy of the survey report and the subsequent seaworthiness certificate issued by the Maharashtra Maritime Board.
Adj. For Cross examination of PW-1 on 18/10/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Representative of plff present.
Adv. Pranav Desai I/b Mulla and Mulla Present for Deft.
PW-1 Sunil Tripathi present.
Adv of deft seeks adjournment on the ground that he want to file application for expansing certain parts of chief examination of PW-1. This is not admissible ground for adjournment. However to have an opportunity adj. Granted subject to costs of Rs.1000/- to be paid to plff.
Adj. For Cross examination of PW-1 and Costs to be paid to plff on 21/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Representative of Plff present.
Adv. Pranav Desai a/w Ramesh Rajpal I/b Mulla and Mulla and CBC Present for Deft.
Adv of deft has filed draft NM along with affidavit for striking of para no.32,33,37 to 46 of Chief examination of Plff. Leave granted to register NM. Copy be served upon otherside.
Adv of deft has given cheque of Rs.1000/- towards costs as per order dt.18/10/2022 to the Representative of Plff namely Sunil Ramanath Tripathi.
Adj. For NM returnable on 12/12/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Court on Leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: PO is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Faizan Khan h/f Adv. P. V. Neison Rajan Present for Plff.
Adv. Ramesh Rajput I/b Mulla and Mulla and C.B.C. Present for Deft.
Adv of deft has tendered registered NM 4352/22 along with affidavit.
Exh.44. Adv of deft has filed service affidavit in NM 4352/22.
Exh.45. Adv of plff has filed reply to NM 4352/22. Copy served to otherside.
Adj. For Hearing on NM 4352/22 on 13/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Representative of Plaintiff namely Sunil Tripathi is present and seeks time for NM hearing.
Adv Pranav Desai a/w Adv. Kamini Topnani I/b Mulla and Mulla and Craigie Blunt and Caroe for defendant is present.
Case is adjourned for NM hearing to 06-03-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. P.V. Nelson Rajan for plaintiff present.
Adv. Pranav Desai  a/w Adv. Kamini Toprani i/b Mulla and Mulla and Craigie Blunt and Caroe for defendants present.
Heard argument of Adv.of both parties on NM No. 4352/22.
Case adjd for order on NM 4352/22 to 23.03.2023.
Next Purpose: ORDER
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Dakshata h/f. Adv. Nelson Rajan for plaintiff present.
Adv. Ramesh Rajput i/b. Mulla and Mulla and CBC for defendant present.
P.O. busy in hearing argument in Com SU 249/22, Com SUM  273/22 and Com SUM 57/21.
Case adjd for Order on Notice Motion No.4352 of 2022  to 12.04.2023.
Next Purpose: ORDER
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None Present for Plff.
Adv. Ramesh Rajput i/b. Mulla and Mulla Present for Deft.
F.R.S.R. following order passed on NM 4352/22
ORDER
Notice of Motion No.4352 of 2022 is allowed as under.
Plaintiff is directed to replace the Chief Examination of PW1 by excluding part of submissions and arguments.
Adj. for compliance of above order to 14/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: 14.06.2023
51
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 402/2020
Adv. Farizan Khan i/b  P V Nelson Rajan for plaintiff present.
Adv. Kanini Topnari i/b Mulla and Mulla and Craigie Blunt and caroe for defendant present.
Ld. Adv. for plaintiff prayed for time for compliance of order dtd. 12/04/2023.
Order- Time granted prayed for.
Adjd to 01/07/2023 for compliance.
								Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: 01.07.2023
53
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 402/2020
None present for plaintiff.
Adv. Pratiksha Avhad i/b Mulla and Mulla for defendant present.
Adjd. to 28/07/2023 for compliance order dtd. 12/04/2023.
									Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Adv. Faizan Khan  for plaintiff is present.
Adv. Yuvraj Singh i/b Mulla and Mulla for defendant is present.
Ld adv. for plaintiff prayed for time to comply order dt. 12.04.2023.
O- Time granted as last chance.
Matter is adj for compliance to 22/08/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Faizan Khan i/b Adv. P.V. Nelson Rajan for plaintiff is present.
Adv. Ramesh Rajput i/b Mulla and Mulla for defendant.
Exh.16/A - Ld. adv of plaintiff filed amended affidavit of evidence of PW-1 in lieu of  examination in chief in compliance of order dt. 12.04.2023 passed in NM No. 4352/2022.
Exh.17/A – Ld. adv. of plaintiff filed amended list of documents.
Matter is adj for marking of documents to 18/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Faizal Khan i/b Nelson Rajan for plaintiff is present.
Adv. Pallavi Bali a/w Ramesh Rajput i/b Mulla and Mulla  for def. is present.
Ld. adv of plaintiff orally prayed for time for hearing on marking of the documents which are additionally filed a/w Exh. 17/A.
Matter is adj for hearing on marking of documents to 11/10/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Nelson Rajan for plaintiff is present.
Adv. Ramesh Rajput h/ Mulla and Mulla for def. is present and requested to KB the matter.
Ld. adv for plaintiff prayed for adjournment as he is  not available in the next session. O- Adjournment granted as prayed for.
Witness PW-1 is absent.
Matter is adj for hearing on marking of documents to 08/11/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: A.R. of plaintiff company is present.
Adv. Faizan Khan i/b Adv. P. V. Nelson for plaintiff is present and requested to KB the matter.
Adv. Pranav Desai i/b Mulla and Mulla for def. is present.
Later on at 01.45 p.m.
A.R. of plaintiff company is present.
Adv. Faizan Khan a/w  P. V. Nelson for plaintiff is present.
Adv. Pranav Desai i/b Mulla and Mulla for def. is present.
Heard ld adv of the plaintiff and the def. on the point of contentions raised by the def. regarding additional documents filed by the plaintiff in Exh. 17A and also regarding additional statements made in Exh. 16A without obtaining leave of the Court.
Ld. adv of the plaintiff made statement that he shall withdraw the additional documents if filed a/w Exh. 17A and additional statements if made in Exh. 16A.  O- Keep the matter for compliance by plaintiff.
Matter is adj. for compliance to 14/12/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Divya Tyagi h/f Adv. Nelson Rajan  for plaintiff is present.
Adv. Pranav Desai i/b Mulla and Mulla  for def. is present.
Exh.16/B- Ld. adv of plaintiff filed evidence affidavit in compliance of direction given to the def. on the last date.
Exh.17/B- Ld. adv of plaintiff filed list of documents in compliance of direction given to the def. on the last date.
Witness PW-1 is present.
Matter is adj. for heaing on marking of documents (R/E) to 03/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Adv. Divya Tyagi i/b Adv. Nelson Rajan for plaintiff is present.
Adv. Ramesh Rajput i/b Mulla and Mulla and Craigie Blunt and Caroe for def. is present.
On oral request of Ld adv of deft matter is kept back.
LO at 12.49 p.m.
Same appearance for plaintiff.
Adv. Pranav Desai i/b. Mulla and Mulla and Craigie Blunt and Caroe for defendant is present.
Witness PW-1 is present.
Learned advocate of the plaintiff submitted that in compliance of order dtd.12/04/2023 passed below NM No.4352 of 2022, she shall exclude/withdraw/not press the submissions and the argument parts in the evidence affidavit Exh.16.
Matter is adj. for compliance to 03/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: Adv. Divya Tyagi h/f Adv. P.V. Nelson for plaintiff is present.
Adv. Jeyhaan i/b Mulla and Mulla for def. is present.
KB for pursis filed by ld. Adv of plaintiff.
Later on at 01.00 p.m.
Adv. Divya Tyagi h/f Adv. P.V. Nelson for plaintiff is present.
Adv. Jeyhaan i/b Mulla and Mulla for def. is present.
Both the parties are requested for time for compliance. O-Time granted as prayed for.
Matter is adj. for compliance to 29/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Adv. Divya Tyagi i/b Nelson Rajan for plaintiff is present and submitted that she is ready to comply the order dt. 12.04.2023 passed in NM No. 4352/2022 and will file a pursis to that effect on the next date.
Adv. Pranav Desai a/w Adv. Ramesh Rajput i/b Mulla and Mulla and CBC for def. is present.
Matter is adj. for compliance by plaintiff to 04/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Adv. Divya Tyagi i/b Adv. P. V. Nelson for plaintiff is present.
Adv. Pranav Desai for def. is present.
Exh. 46 - Pursis alongwith copy of the order dt. 12.04.2023 filed by ld. adv of plaintiff. Copy of the same is served to the other side.
Later on at 03.30 p.m.
Adv. Divya Tyagi i/b Adv. P. V. Nelson for plaintiff is present.
Adv. Jeyhaan Carnac  i/b Mulla and Mulla Law Firm for def. is present.
Exh. 47 – Pursis filed on behal of ld. Adv of plaintiff for not pressing or withdrawing the evidence affidavit Exh. 16 A and 16 B alongwith list of documents Exh. 17 A and Exh. 17 B.
ORDER : In view of puris exh. 47 filed on behalf of ld. Adv of plaintiff, the evidence affidavits Exh. 16 A and 16 B of PW-1 alongwith list of documents Exh. 17A and Exh. 17 B are hrereby taken off the record.
Ld. adv of defendant submitted that the defendant may choose to take steps on the next date regarding the statements made on behalf of plaintiff in pursis Exh. 46.
Matter is adj. for steps, if any by defendant to 08/04/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: The appearance of Ld. advocate for plaintiff is not taken on record as she is not in proper dress code prescribed for advocates.
Adv. Jeyhaan Carnac h/f Adv. Pranav Desai  for def. is present and requested to KB the matter.
KB.. Later on at 01.30 p.m.
Adv. Divya Tyagi i/b Adv. P. V. Nelson Rajan for plaintiff is present.
Adv. Pranav Desai  for def. is present and requested for time to take steps, if any, after receiving instructions from his client. O- Last chance is granted to the defendant for taking steps and as orally requested by the ld. Adv of defendant, keep the matter in the month of June.
By consent of both parties matter is adj. for steps to 24/06/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Adv. Divya Tyagi a/w Adv. Zeeshan Syed i/b Nelson Rajan  for plaintiff is present.
Adv. Parnav Desai a/w Jeyhaan Carnac a/w Aaron Kevin Fernandes i/b Mulla and Mulla for defendant is present and submitted that, the contents of pursis Exh. 47 filed by the ld. Adv of plaintiff are not disputed by the defendants.
Matter is adj. for steps to 01/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Divya Tyagi h/f. Adv. Nelson Rajan for plaintiff is present and requested for time for filing affidavit for secondary evidence.
O-Time granted to the plaintiff as last chance.
Adv. Pranav Desai a/w. Adv. Ramesh Rajput  i/b. Mulla and Mulla and Craigie Blunt and Caroe  for def. is present.
Matter is adj. for  taking steps to 29.08.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Court is vacant hence adj to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Mr. Sunil Ramanath Tripathi representative of plaintiff company present.
Adv. Divya Tyagi for plaintiff is present and filed Affidavit of secondary evidence marked as Exh.48. along with documents with 65-b Certificate it is marked as Exh.49 . Order - Interpreter to verified documents and report. Defendant to file reply of admission and denial.
Adv. Jeyhaan Carnac i/b Mulla and Mulla for defendant is present.
Defendant absent.
Copy served to other side.
Matter is adj. for reply to 24.03.2025.
Next Purpose: REPLY
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Parties are absent.
Adv. Shanvi Punamia i/b Adv. Nelson present for plaintiff.
Adv. Pranav Desai a/w Adv. Vatsala Toprani present for defendant.
Matter is adj. for reply to 21.06.2025.
Next Purpose: REPLY
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: Authorized representative of plaintiff Sunil Tripathi is present.
Adv. Sayyad i/b Adv. Nelson Desai present for plaintiff.
Adv. Counsel Pranav Desai a/w Adv. Vatsala Toprani i/b Mulla and Mulla   present for defendant.
Exh. 50 – Reply on admission and denial filed by ld. adv of defendant. O-Read and Record.
Matter is adj. for hearing on admission and denial to 21.08.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: Parties are absent.
Adv. Divya Taygi i/b Nelson Rajan  present for plaintiff.
Adv. Vatsala Toprani i/b Mulla and Mulla present for defendant.
As court is busy in recording evidence/cross of PW-1 in High court expedite matter Com. Suit No. 131/2019  hence, rest of the board is discharged.
Matter is adj. for admission and denial to 03.10.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Parties are absent.
Adv. Sayed i/b Adv. Nelson present for plaintiff.
Adv. Pranav Desai i/b Mulla and Mulla present for defendant.
           Court is busy in hearing of final arguments in Commercial Suit No.635/2021 (Honble High Court Suit No.11/1996 having age of 31 yrs.). Hence, rest of the board is discharged.
Matter is adj. for admission and denial to 06.11.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: P.O. is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Parties are absent.
Adv. Divya Tyagi present through for plaintiff and filed pursis TOR. Marked as Exh.51. TOR.
Adv.  Pranav Desai (through V.C) a/w Adv. Jihan (Court hall) present for defendant.
Witness is absent.
Later on at 01.00 p.m.
Adv. Divya Tyagi present through for plaintiff.
Adv. Pranav Desai (through V.C) a/w Adv. Jihan (Court hall) present for defendant.
Plaintiff witness is present.
On perusal of the record. It is evident that documents produced by the plaintiff a/w evidence affidavit have already marked vide order Dt. 01.10.2022 with exhibit 18 to 43. And matter was posted for cross examination. Thereafter, the objection regarding expunging the argumentative portion of evidence affidavit was decided.  It is settle law that once documents are marked it can not be re-exhibited.
Ld. adv of defendant seeking for cross examination. Honble High Court has expedite the matter with direction to dispose within 6 months from receipt of order i.e. today. Hence, matter is adjourned to 20.01.2026.
Matter is adj. for recording evidence (High Court expedite) to 20.01.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: HHJ is on leave.
Hence, matter is adj to
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Honble High Court Time Bound.
Witness PW-1 is present.
Adv. Divya Tyagi present for plaintiff.
Adv. Vatsala Toprani  present for defendant and tendered draft       NM along with affidavit in support. O.-Leave granted to register it.
Matter is adj. for NM returnable/reply/hearing to 05.02.2026.
Later on at 12.50 p.m.
Adv. Divya Tyagi present for plaintiff.
Adv. Adv. Pranav Desai a/w Adv. Vatsala Toprani  present for defendant
By consent matter is adj. for NM returnable/reply/hearing to 09.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: Parties are absent.
Adv. Divya Tyagi present for plaintiff and filed reply to NM No. 663/2026.
Adv. present for defendant no.1.
Later on at 12.45 p.m.
Parties are absent.
Adv. Divya Tyagi a/w Adv.  Zeeshan Sayed present for plaintiff.
Adv. Pranav Desai present for defendant no.1 and tendered registered NM No. 663/2026.
Heard both sides on NM No. 663/2026.
Following order is passed in NM No. 663/2026
For the reason separately recorded.
        Operative part of order.
1.	Notice of motion No.663 of 2026 is disposed off in following terms.
	a)  Documents already marked at Exhibit-18 to 43 would not be de-exhibited. However, mere marking of exhibit is not considered as proof of contents of those documents.
	b) Matter is kept for hearing on marking of documents 	produced vide Exhibit-48 and 49 and for cross-examination.
2.	Notice of motion No. 663 of 2026 is disposed of 	accordingly.
Matter is adj. for hearing on documents at Exh. 49 and cross examination to 16.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: Parties are absent.
Adv. Divya Tyagi present for plaintiff.
Adv. present for defendant.
KB.. Later on at 03.20 p.m.
Adv. Akshay Arora i/b Divya Tyagi present for plaintiff.
Adv. Jeyhaan Carnac present for defendant and orally seeking time to possibility of challenging the order about exhibition passed on previous date. O- Time is granted subject costs of Rs.3000/-to be paid to the DLSA.
Matter is adj. for marking of documents to 23.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: Parties are absent.
Adv. Punamia present through  V.C for plaintiff.
Adv. Jeyhaan Carnac present for defendant and tendered draft NM along with affidavit in support.
Later on at 03.00 p.m.
Adv. Punamia present for plaintiff.
Adv. Jeyhaan Carnac present through V.C for defendant.
Leave granted ld. Advof defendant to register the NM. Copy be served to the other side.
Matter is adj. for NM returnable/NM reply to 24.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Parties are absent.
Adv. Divya Tyagi present for plaintiff.
Adv. Carnac present for defendant.
KB.. Later on at 12.50 p.m.
Adv. Divya Tyagi present for plaintiff.
Adv. present through V.C. for defendant.
Later on at 03.15 p.m,
Adv. present for defendant and tendered registered NM No. 1111/2026.
Exh.52 - Pursis  to consider the reply to NM No. 663/2026 to NM No. 1111/2026 filed by ld. Adv of plaintiff.
Heard both sides on NM.
Following order is passed in 1111/2026.
For the reason separately recorded.
        Operative part of order.
1.	Notice of motion No.1111 of 2026 is dismissed with costs of Rs.20,000/- to be paid by defendant to plaintiff .
2.	Notice of motion No. 1111 of 2026 is disposed of accordingly.
In vie of order of Honble High Court expediting the hearing of the suit by making it time bound revised CMH order is passed.
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 all witnesses.
Court commissioner for Cross Examination
Cross-examination of 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 31.03.2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of 30.04.2026.
Arguments
Parties shall file the written arguments  with brief oral submission till 08.05.2026.
    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 05.03.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: Coram- H.H.J. SHRI. S. S. PATIL JUDGE, (C.R.No 32)
Parties are absent.
Adv. Anushka Agarwal present for plaintiff.
kb
Later on at 12.50pm
Adv for plaintiff is present through VC.
Counsel Adv Pranav Dessai a/w Adv V J Toprani i/b MMMCBC for defendant is present.
Kb
later on at 2.45 pm
Adv  Shanui Punmiya for plaintiff present and filed pursis. TOR and marked as Exh.53.
Counsel Adv Pranav Dessai a/w Adv V J Toprani i/b MMMCBC for defendant is present.
       Adv for plaintiff is not able to satisfying about the poof of the documents. She is not prepared. Hence, matter is adjourned as subject to cost of Rs.5000/- to be paid to the DLSA.
Later on at 5.05 pm
       Adv for plaintiff pointed out that, the they have filed original documents of letter dated 20-04-2017 and surfface dive sheet and they have properly prove in affidavit of evidence at Exh.16. Hence, order of cost is set aside.
Matter is adj. for Marking of documents to 12-03-2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: Parties are absent.
Adv. Divy Tyagi present for plaintiff.
Adv. present for defendant.
Document produced vide Exh. 49.
Document at sr. no. 1 is registration certificate.  It is marked as Exh. P1.
Document at sr. no. 2 resolution.  Defendant had no objection. It is marked as Exh. P2.
Document at sr. no. 3 photo copy of insurance policy. Admitted by defendant.  It is marked as Exh. P3.
Document at sr. no. 4 is registration certificate. Marked as Exh. P4.
Document at sr no.5 photo copy of registration certificate defendant has no objection .  It is marked as Exh. P5.
Document at sr no. 6, 7 and 8 copy of emails, sec. 65 B certificate is annexed is produced, existence is admitted by defendant. Marked as Exh. P6 to P8.
Document at sr no.9 is the letter dt. 20.04.2017 its contents are not proved in the affidavit by identifying the signature therein. Therefore its not exhibited.
Document at sr. no. 10 letter is admitted by defendant about its existence. It is marked as Exh.P9.
Document at sr. no.11 copy of survey report.  It is admitted by defendant. It is marked as Exh.P10.
Document at sr. no. 12 is the surface dive sheet its contents are not proved by identifying the signature of authors of documents. Its denied by the defendant.  It can not be exhibited.

Document at sr. no.13.  It is admitted by defendant. It is marked as Exh.P11.
Document at sr. no.14.  Is the zerox copy of statement of master. It is referred in the secondary evidence affidavit filed by plaintiff by identifying the signature. Advocate of defendant submits that it is statement of third party who has not been examined.  Being a statement of third person it can not be exhibited.   It is marked as Article ‘A’.
Document at sr. no.15  letter Dt. 12.06.2017 is not proved in the affidavit as it is not signed by the witness although he states in the affidavit that it is signed by him.  It can not be marked as signature of author is not identified.

Document at sr. no.16 is the office copy of letter sent by plaintiff it is proved in the affidavit.  It is marked as Exh. P12.
Document at sr. no.17 letter Dt. 06.07.2017 not denied as to existence by defendant.  It is marked as Exh.P13.
Document at sr. no.18  letter Dt. 21.06.2017 is not proved in the affidavit as it is not signed by the witness although he states in the affidavit that it is signed by him.  It can not be marked as signature of author is not identified.
Document at sr. no.19  letter is not proved in the affidavit as it is not signed by the witness although he states in the affidavit that it is signed by him.  It can not be marked as signature of author is not identified.
Document at sr. no.20 is the letter of Mumbai Fort admitted by defendant as to existence.  It is marked as Exh.P14.
Document at sr. no.21 copy of letter proved in the affidavit.  It is marked as Exh.P15.
Document at sr. no.22  is the copy of email. Admitted by defendant.  It is marked as Exh.P16.
Document at sr. no.23 copy of letters. Admitted. It is marked as Exh.P17. Advocate for defendant submitted Letter dt. 09.04.2018 is not annexed with the plaint no leave is sought to adduce the document. Hence that document is not exhibited.  Advocate for plaintiff submitted that she will not rely upon the same document.
Document at sr. no.24 letter admitted as to existence. It is marked as Exh.P18.
Document at sr. no.25 photocopy of letter admitted by defendant.   It is marked as Exh.P19.
Document at sr. no.26 copy of letter.   It is marked as Exh.P20.
Document at sr. no.27 copy of letter admitted as to existence.   It is marked as Exh.P21.
Document at sr. no.28 copy of legal notice admitted as to existence  It is marked as Exh.P22.
Document at sr. no.29 it is copy of police report from the document it is a statement recorded by police of third party. Therefore it can not be exhibited. Newspaper produced at sr. no 29 is admitted as to existence. It is marked as Exh. 23.
Document at sr. no.30 survey report admitted as to existence by the defendant.  It is marked as Exh.P24.
Order of Court Commissioner
      1.Adv. Anushka Agarwal  (Mo. No.8390308184) is hereby appointed as Court Commissioner for recording the further cross-examination of the plaintiff (PW-1).
      2. Court Commissioner shall record evidence either at plaintiffs advocate chamber or any other suitable place.

      3. Judicial file shall not be sent or summoned for the purpose of recording of evidence by the Court Commissioner. The parties shall use copies of evidence and documents already supplied by each other for cross-examination.  If a party has filed original documents alongwith pleadings/evidence in Court and if they are required,  the same can be returned to respective party as per rules for the purpose of recording of evidence before the Court Commissioner.  Such original documents be returned to the court by the respective party on recording cross examination.
      4. The cross examination once started, it shall preferably concluded on the same day or continue on day-to-day basis. Court Commissioner shall conclude the recording of evidence, as early as possible, but not later than eight weeks of assignment of a case. The deposition of entire cross examination shall be returned  to the court on or before returnable date.
      5. Plaintiff shall pay provisional costs of Rs. 5000/- per witness to the court commissioner, which can be increased if many sittings/time is spent for recording lengthy cross examination.
      6. If the cross examination could not be completed within the period fixed by the court, due to adjournment request or time sought by the other side/defendant, then the costs of Court commissioner shall be borne by such party/other side.
      7. Entire Cross-examination shall be conducted strictly in question and answer form. The evidence shall be typed on a compute in english. If possible the video recording of the cross examination can also be done. Should that be done, the original audio visual recording will be submitted along with  the commissioners report to the registry.

      8. All the objections raised during cross-examination/re-examination shall be recorded in the deposition under title objections and shall be left open for the decision of the Court at the stage of final arguments. Witness shall not refuse to answer the question asked, unless it is on the ground of privilege communication.
      9. Court Commissioner shall maintain a miscellaneous proceeding sheet for each day of work and shall submit it in the Court at the time of submission of final report.

      10. The commissioner is at liberty to exercise discretion order XVII rule 4(4) of the Code of Civil Procedure, 198, to note the demeanor of the witness where necessary.

Matter is adj. for recording evidence to 26.03.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: Parties are absent.
Adv. present for plaintiff.
Adv. Pranav Desai a/w Adv. U.J.Toprani i/b Mulla and Mulla CBC present for defendant.
The matter was referred for cross examination to court commissioner were plaintiff requested for further examination in chief which was objected by the defendant.  Plaintiff has filed the pursis (Marked as Exh. 54) that it will not rely upon the further examination in chief which was recorded without leave of the court. Matter is posted for further cross examination on 30.03.2026. Matter is time bound and expatiate. Hence, parties are directed to complete cross examination till next date without failed. Court commissioner is directed to conduct the cross examination day to day if necessary.
Matter is adj. for R/E to 07.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: High Court expedited.
Parties are absent.
Adv. present for plaintiff.
Adv. V.J. Toprani present for defendant and filed pursis TOR. Marked as Exh. 55.
In-spite of grant of sufficient time cross examination is not concluded in time.  Court commissioner fess is increased is Rs. 20000/- and both parties are directed to bear fees of court commissioner  equally. Cross-examination is to be completed next date without failed.  If necessary day to day.
Matter is adj. for R/E P.H to 15.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: By Precipice.
High Court expedited.
Adv. Pranav Desai  is present for defendant and filed application for taking matter on todays board a/w time extension to complete cross examination of PW-1. O-Allowed. TOR. Marked as Exh.56.
Extension granted till 22.04.2026.
Witness PW-1 is present. Adv. Divya Tyagi is present for plaintiff.
Court commissioner fees is  altered as Rs. 5000/- per sessions to be paid by both by both parties.
Matter is post postponed on 22.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: Parties are absent.
Adv.Divya Tyagi a/w Adv. Shivali Tikate   present for plaintiff.
Adv. present through V.C. for defendant and and filed pursis thorough her clerk.  TOR. Marked as Exh. 43.
This is Time bound matter in-spite of grant of many extensions  cross is not completed till date.  Extension is granted as a last chance subject to cost of Rs. 2000/-, Rs.1000/- to each party be to be paid  to the DLSA
Matter is adj. for R/E to 02.05.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 02-05-2026

Date: 02-05-2026
Business: This is High Court transferred Suit bearing No.201/2020.
(High Court time bound case)
Parties are absent.
Adv. Bhupen Garud i/b Adv. Divya Tyagi present for plaintiff and submitted plaintiff do not wish to lead further evidence. Hence, kept for the evidence of defendant.
Adv. present through V.C. for defendant.
Court commissioner is directed to submit the report immediately.
Matter is adj. for R/E to 07.05.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: High Court time bound till 08.07.2026.
Parties are absent.
Adv. Divya Tayagi a/w Shivali Tikate i/b Divya Tyagi present for plaintiff
Adv.  present through V.C. for defendant.
Later on at 11.45 p.m.
Adv. Divya Tyagi present for plaintiff
Adv. Vatsala Toprani i/b MMCBC present for defendant and orally seeking time. O- Granted as last chance
Court commissioner Adv. Anushka Agarwal is present and tendered report. TOR. Marked as Exh. 57.
Matter is adj. for R/E to 11.06.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: Parties are absent.
Adv. Divya Tyagi present for plaintiff.
Adv. Jeyhaan Carnac present for defendant.
Matter is expedited.
Advocate for defendant sought time for filing evidence. Matter is expedited by the Honble High Court.  Last chance is granted for two weeks period subject to costs of Rs. 1000/- to be payable to the DLSA.
Matter is adj. for R/E to 25.06.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Court is on leave hence adj. to
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: Matter is Time Bound by Honble High Court.
Extension letter is sent to Honble high court for extension of time.
Parties are absent.
Adv. Shanvi Punamiya present for plaintiff.
Adv. Jeyhaan Carnac  present for defendant. He filed list of witnesses. Exh-58.
Evidence affidavit of Arvind Chudasama. Exh-59.
Evidence affidavit of Ashok Govarikar. Exh-60.
Compilation of documents. Exh-61. O-Otherside to say.
Oath is given to the Arvind Chudasama DW-1 through VC and affidavit of evidence is verified.
Oath is given to the Ashok Govarikar DW-2 through VC and affidavit of evidence is verified.
Earlier cost not paid by the defendant.
Kept back for admission denial.
Later on at 11.27 p.m.
Adv. Shanvi Punamiya present for plaintiff and seeking time to file admission denial on documents on defendant.
Adv. Jeyhaan Carnac  present for defendant.
Matter is adj. for hearing and marking of documents to 13/07/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: High Court time bound matter.
Parties are absent.
Adv. present for plaintiff and filed statement of admission and denial to defendants documents. TOR. Marked as Exh. 61A.
Adv.  present for defendant and filed cost compliance pursis.  TOR.
Document at sr. no. 1 is proved by defendant in the evidence. Hence it is marked as Exh. D1.
Document no. 2 is admitted by plaintiff. Hence, it is marked as Exh.D2.
Document at sr. no. 3 is the office copy of the repudiation letter which is proved by the witness in his evidence. Hence, it is marked as Exh. D3.
The name of court commission is suggested by both parties, they also directed to intimate her.
Court Commissioner order
      1.Adv. Dhruva Gandhi, Con. No. 9619176568  is hereby appointed as Court Commissioner for recording the further cross-examination of the defendants witness.
      2. Court Commissioner shall record evidence virtually.  If any difficulty arises in recording of evidence virtually then  allowed to record at the place convenient to both parties by their consent at any suitable time.

      3. Judicial file shall not be sent or summoned for the purpose of recording of evidence by the Court Commissioner. The parties shall use copies of evidence and documents already supplied by each other for cross-examination.  If a party has filed original documents alongwith pleadings/evidence in Court and if they are required,  the same can be returned to respective party as per rules for the purpose of recording of evidence before the Court Commissioner.  Such original documents be returned to the court by the respective party on recording cross examination.
      4. The cross examination once started, it shall preferably concluded on the same day or continue on day-to-day basis. Court Commissioner shall conclude the recording of evidence, as early as possible, before end of the August 2026.

      5. The plaintiff and defendant to bear the professional charges equally as per the City Civil Court Rules.
      6. If the cross examination could not be completed within the period fixed by the court, due to adjournment request or time sought by the other side/defendant, then the costs of Court commissioner shall be borne by such party/other side.

      7. Entire Cross-examination shall be conducted strictly in question and answer form. The evidence shall be typed on a compute in english. If possible the video recording of the cross examination can also be done. Should that be done, the original audio visual recording will be submitted along with  the commissioners report to the registry.

      8. All the objections raised during cross-examination/re-examination shall be recorded in the deposition under title objections and shall be left open for the decision of the Court at the stage of final arguments. Witness shall not refuse to answer the question asked, unless it is on the ground of privilege communication.
      9. Court Commissioner shall maintain a miscellaneous proceeding sheet for each day of work and shall submit it in the Court at the time of submission of final report.

      10. The commissioner is at liberty to exercise discretion order XVII rule 4(4) of the Code of Civil Procedure, 198, to note the demeanor of the witness where necessary.
Matter is adj. for filing court commissioner report to 16.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: P.O is on leave. Hence, matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: Time Bound matter.
Parties are absent.
Adv. Divya Tyagi present for plaintiff.
None present for defendant.
KB.. Later on at 11.25 p.m.
Adv. Divya Tyagi present for plaintiff.
Adv. Jeyhaan Carnac present for defendant.
Commissioner report submitted by defendant of DW-1. TOR. Marked as Exh.62.
Court Commissioner Order
      1. Adv. Anushka Agarwal, Con. No. 8390308184 is hereby appointed as Court Commissioner for recording the further cross-examination of the  witness DW-2.
      2. Court Commissioner shall record evidence virtually/physically.  If any difficulty arises in recording of evidence virtually then  allowed to record at the place convenient to both parties by their consent at any suitable time.

      3. Judicial file shall not be sent or summoned for the purpose of recording of evidence by the Court Commissioner. The parties shall use copies of evidence and documents already supplied by each other for cross-examination.  If a party has filed original documents alongwith pleadings/evidence in Court and if they are required,  the same can be returned to respective party as per rules for the purpose of recording of evidence before the Court Commissioner.  Such original documents be returned to the court by the respective party on recording cross examination.
      4. The cross examination once started, it shall preferably concluded on the same day or continue on day-to-day basis. Court Commissioner shall conclude the recording of evidence, as early as possible, on or before of the 15th October, 2026.

      5. The plaintiff and defendant to bear the professional charges equally as per the City Civil Court Rules.
      6. If the cross examination could not be completed within the period fixed by the court, due to adjournment request or time sought by the other side/defendant, then the costs of Court commissioner shall be borne by such party/other side.

      7. Entire Cross-examination shall be conducted strictly in question and answer form. The evidence shall be typed on a computer in english. If possible the video recording of the cross examination can also be done. Should that be done, the original audio visual recording will be submitted along with  the commissioners report to the registry.

      8. All the objections raised during cross-examination/re-examination shall be recorded in the deposition under title objections and shall be left open for the decision of the Court at the stage of final arguments. Witness shall not refuse to answer the question asked, unless it is on the ground of privilege communication.
      9. Court Commissioner shall maintain a miscellaneous proceeding sheet for each day of work and shall submit it in the Court at the time of submission of final report.

      10. The commissioner is at liberty to exercise discretion order XVII rule 4(4) of the Code of Civil Procedure, 198, to note the demeanor of the witness where necessary.
Court Commissioner is hereby directed to conclude recording of evidence of DW-2 or or before next date.
Defendant to inform the court commissioner accordingly and to do the needful.
By consent matter is adj. for R/E to 15.10.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-09-2026

Date: 23-09-2026
Business: NOT  TOB
Writ received from Honble High Court, by letter  having Inward No.17573, Dt.17.09.2026 in W. P. No.16292/2025 following order is passed vide order dt. 08.12.2025.

      3. Considering the object of the Commercial Court Act and the fact that the aforesaid suit is pending for last 5 yrs, we deem it appropriate to direct the ld. Judge, City Civil Court, Mazgaon to dispose of the said suit as expeditiously as possible and in any event within 6 months from the date of receipt of this order.

Already extension letter has been sent to Honble High court vide out ward no. 706/2026, dt. 04.07.2026.
Matter is already adj to 15.10.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-10-2026

NOTICE OF MOTION/101111/2026
NOTICE OF MOTION/104352/2022
NOTICE OF MOTION/100663/2026

Filing Number: 106994/2019
Filing Date: 26-06-2019
First Hearing Date: 26th March 2020
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE