Date: 06-06-2019
Business: Adv for plaintiff Mr.Priyanka Bagad h/f Yatin Shah present
Matter is Adjd for Affidavit of service to 22/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Apurva Pawar for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p
Exh. 3- List of document
Exh. 4- Memorandum of address.
Exh. 5- Affidavit of service @ original writ of summons filed by plaintiff . t.o.r.
Defts are served with suit summons through RPAD. Defts absent.
Hence, suit to proceed exparte.
Adjd. for exparte evidence to 15.11.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Apurva for plaintiff present.
Adv. Kasavalekar for defendant present.
Adv. for deft. filed the V/N.
Matter is adjd to 05/12/2019 for A/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 10/01/2020 for affidavit of Services
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Plaintiff absent
Defendant absent.
Adv. Apurva Pawar for plaintiff present.
Adv. For defendant absent.
Matter 12.02.2020 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Plaintiff absent.
Defendant present.
Adv. Apurva for plff. Present.
Adv. For deft. absent.
Matter is adjd to 28.02.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Apurva Pawar for plff. Present.
Adv. Rajesh Cheda for deft. Present.
Adv. For the deft. Tendered draft N/M @ affidavit in support. Order- Leave granted to register.
Adv. For the deft. Tendered register N/M No. 915/2020 @ affidavit in support.
Matter is adjd to 11.03.2020 for reply of N/M
Next Purpose: REPLY
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 31.03.2020 for reply of N/M.
Next Purpose: REPLY
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lock Down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: P.O. is on leave.
Matter is adjd to 09.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Both the parties and their advocates are absent.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 01.07.2021 for N/M Reply
Next Purpose: REPLY
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on Leave.
Next Purpose: REPLY
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: The P.O. is on leave, hence matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Harsha Shah for plaintiff present.
The matter is adjd for reply to N/M No.915/20 to 30.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Apoorva Pawar for plaintiff present.
On oral request of Adv. For plaintiff, time for filing reply is granted.
The matter is adjd for reply to N/M to 06.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Apurva Pawar for plaintiff present.
Adv. For plaintiff filed reply to N/M No.915/20. T.O.R.
The matter is adjd for N/M hearing to 24.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Apurva Pawar for plaintiff present.
Adv. Rajesh Chheda for deft. present.
Heard arguments of Adv. For deft. on N/M No.915/20.
K.B.
L.O. at 04.15 pm.
Adv. Harsha Shah for plaintiff present.
Heard Adv. For plaintiff on N/M No.915/20.
The matter is adjd for order on N/M No.915/20 to 29.09.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Harsha Shah for plaintiff present.
None for deft.
ORDER BELOW N/M NO.915/2020
Heard both sides on 24.09.2021.
Defendant\''s case -
2. Defendant submits that he failed to appear on 22.08.2019 and therefore, ex-parte order came to be passed. Defendant appeared through advocate on 15.11.2019. On 12.02.2020, Court informed defendant\''s advocate regarding ex-parte order passed on 22.08.2019. Prior to that, defendant was not aware about ex-parte order dated 22.08.2019. Defendant could not contest the matter as there was wedding of son of his elder brother in December 2019. Thereafter, he lost track of the case. His father became ill. He was required to attend his father and therefore, he could not instruct his advocate for taking necessary steps for defending the suit. Settlement talks between the parties were going on. By making these submissions, defendant prayed to condone the delay in appearance before the Court by setting aside ex-parte order dated 22.08.2019.
3. Plaintiff by filing reply affidavit strongly resisted the N/M. It is submitted that defendant was served with writ of summons on 18.04.2019. Plaintiff filed service affidavit on 22.08.2019 and on the same day, Court passed order to proceed ex-parte. The reasons mentioned by defendants for condoning the delay in appearing before the Court are false. By making these submissions, plaintiff prayed to reject the N/M.
4. Ld. Counsel for defendant submits that defendant has given sufficient cause for his non-appearance before the Court within stipulated period and therefore, ex-parte order dated 22.08.2019 be set aside.
5. Ld. Counsel for plaintiff submits that defendant was served with writ of summons on 18.04.2019 and he was supposed to appear before the Court on or before 28.04.2019. There is no explanation in the affidavit submitted by defendant as to what has prevented him from appearing before the Court on or before 28.04.2019. Therefore, the delay caused in appearance cannot be condoned.
6. Considered the submissions advanced on behalf of both the sides. Record shows that writ of summons was served upon defendant on 18.04.2019. As per Order 37 Rule 3 of C.P.C., defendant was required to appear before the Court within 10 days of the service of writ of summons. But, defendant failed to appear before the Court on or before 28.04.2019. Record further shows that matter was posted on 06.06.2019 but plaintiff did not file service affidavit. Thereafter, matter was adjourned to 22.08.2019. On that day, plaintiff filed service affidavit and order to proceed suit ex-parte came to be passed. Defendant has not given any explanation in his affidavit as to what has prevented him from appearing before the Court on or before 28.04.2019. Defendant is giving explanation regarding delay in filing N/M after passing of order dated 22.08.2019.
7. It is pertinent to note that defendant claims that settlement talks were going on between the parties. Plaintiff in its reply affidavit admits that settlement talks were going on between the parties.
8. As stated above, deft. failed to give sufficient cause for his non-appearance within stipulated period. However, considering the fact that settlement talks were going on between the parties and principles of natural justice, it would be expedient to allow defendant to enter his appearance as per Order 37 Rule 3 of C.P.C. However, it cannot be ignored that delay in appearance by defendant caused delay in hearing of the suit for considerable period. Therefore, defendant is required to be saddled with costs. Hence, the following order.
ORDER
1. Ex-parte order dated 22.08.2019 is set aside and defendant is permitted to enter his appearance as per Order 37 Rule 3 of C.P.C. subject to payment of costs of Rs.10,000/- payable to plaintiff within 10 days.
2. N/M No.915/2020 is disposed of accordingly.
The matter is adjd for compliance to 08.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Shivam Bhagwali h/f. Adv. Yatin Shah for plaintiff present.
Defendant\''s clerk Sitaram Salve paid costs of Rs.10,000/- to Adv. Shivam Bhagwali.
K.B.
L.O. at 12.05 pm.
Adv. Harsha Shah for plaintiff present. She submits that she has received the costs on behalf of plaintiff.
The matter is adjd for applying summons for judgment to 22.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Harsha Shah for plaintiff present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
The matter is adjd for service of S/J and reply to 11.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. Shahzad for plaintiff present. He submits that S/J is not registered. He sought time for service of S/J. Time as prayed for is granted.
The matter is adjd for service and reply to S/J to 20.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Harsha Shah for plaintiff present.
Adv. For plaintiff tendered registered S/J No.161/21. T.O.R.
Adv. For plaintiff tendered service affidavit. T.O.R.
The matter is adjd for filing reply to S/J to 26.11.2021.
Next Purpose: REPLY
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Shahzad Khajotia for plaintiff present.
Adv. Bhumit Dedhia for deft. present.
Exh.7 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit filed on record, summons for judgment is duly served upon deft. on 16.11.2021.
Adv. For deft. sought time for filing reply to S/J. Already time stipulated to file reply to S/J is over. Therefore, S/J to proceed without reply of deft.
The matter is adjd for hearing on S/J to 04.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Harsha Shah for plaintiff present.
Adv. Khushboo Soparia along with Adv. Pratiksha Mehta for deft. present.
Adv. For deft. tendered draft N/M. Leave to register N/M is granted.
Copy of N/M is served to Adv. For plaintiff.
The matter is adjd for reply to N/M to 09.12.2021 at 01.00 pm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Harsha Shah for plaintiff present.
Adv. Pratiksha Mehta a/w Adv. Khushboo Saparia for deft. present.
Adv. For defendant tendered N/M No.3114/21. Taken on record.
Adv. For plaintiff sought time to file reply to N/M.
On oral request, time is granted to file reply.
The matter is adjd for reply to 13.12.2021.
Next Purpose: REPLY
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. Varsha Shah for plaintiff present.
Adv. Khushboo Saparia for deft. present.
Adv. For plaintiff tendered reply to NM No. 3114/21. TOR Copy of reply is served to Adv. For defendant.
The matter is adjd for NM Hrg to 16-12-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Harsha Shah for plaintiff present.
Adv. Rajesh Chheda for deft. present.
Heard both sides on N/M No.3114/21.
ORDER BELOW N/M NO.3114/21
Perused the N/M and reply affidavit. Heard both sides. Ld. Counsel for plaintiff submits that deft. has not given sufficient cause for not filing reply within stipulated period. Already Court has set aside ex-parte order dated 22.08.2019 and allowed defendant to cause his appearance by the order dated 29.09.2021. Plaintiff cannot be allowed to suffer due to latches on the part of deft. By making these submissions, plaintiff prayed to dismiss the N/M.
Deft. submits that S/J was served upon him on 16.11.2021. He was supposed to file reply on or before 26.11.2021 and the Court passed the order on 26.11.2021 to proceed S/J without reply of deft. Deft. further submits that he had been to his native place and he returned from native place on 28.11.2021. Thereafter, he met with his advocate on 29.11.2021 and instructed his advocate to file reply. There is delay of 8 days in filing reply. As per Order 37 Rule 3 sub-rule (7) of C.P.C., Court may, on being shown sufficient cause by deft., excuse the delay in applying for leave to defend the suit. There is delay of only 8 days. Deft. has given sufficient cause for not applying for leave to defend within stipulated period. Hence, following order.
ORDER
1. N/M No.3114/21 is made absolute in terms of prayer clause (a).
2. No order as to costs.
3. N/M No.3114/21 is disposed of accordingly.
Reply filed by Adv. For deft. to S/J. T.O.R.
Copy of reply is not accepted by Adv. For plaintiff on the ground that she is going to challenge this order before Hon\''ble High Court.
The matter is adjd for hearing on S/J to 06.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Shivam Bhagwati for plaintiff present.
Adv. Khushboo Saparia along with Adv. Pratiksha Mehta for deft. present.
Adv. For plaintiff requested for adjournment. He was directed to file application for adjournment but, he has not filed application for adjournment. Adjourned for hearing on S/J as a last chance.
The matter is adjd for hearing on S/J to 12.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Shweta Singh for plaintiff present.
Adv. For plaintiff tendered rejoinder affidavit to S/J. T.O.R.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for hearing on S/J to 09.02.2022.
L.O.
Adv. Khushboo S. for deft. present.
The matter is already adjd for hearing on S/J to 09.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Kajal Gupta for plaintiff present.
Adv. Khushboo S. for deft. present.
By consent, the matter is adjd for hearing on S/J to 24.02.2022 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: None for plaintiff.
Adv. Pratiksha Mehta for deft. present.
K.B.
L.O. at 03.05 pm.
Adv. Harsha Shah for plaintiff present.
Adv. Pratiksha Mehta for deft. present.
Adv. For deft. sought for an adjournment on the ground that senior advocate is busy in another Court. Plaintiff\''s advocate objected for an adjournment.
Matter is pending for hearing on S/J since long. Therefore, adjournment is granted for today as a last chance.
The matter is adjd for hearing on S/J to 09.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Harsha Shah for plaintiff present.
Adv. Rajesh Chheda along with Adv. Khushboo Saparia for deft. present.
Heard both sides on S/J No.161/21.
Ld. counsel for plaintiff submits that she wants to show original demand promissory note dated 28.11.2013. She is at liberty to show original demand promissory note on 15.03.2022 before 12.00 noon.
The matter is adjd for order on S/J No.161/21 to 15.03.2022.
Next Purpose: ORDER
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Kajal Gupta for plaintiff present.
F.R.S.R. following order is passed below S/J No.161/21 -
ORDER
1. Defendant shall deposit a sum of Rs.5,00,000/- (Rs. Five Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant is granted leave to defend the suit and defendant shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendant.
3. There shall be no order as to costs.
4. S/J No.161/2021 is disposed of accordingly.
The matter is adjd for compliance to 05.05.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Shraddha Ghag for plaintiff present.
The matter is adjd for compliance to 10.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Shweta Singh for plaintiff present.
None for deft.
The matter is adjd for compliance to 24.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Shweta Singh for plaintiff present.
None for deft.
K.B.
L.O. at 12.25 pm.
Defendant failed to comply order passed in S/J No.161/21 dated 21.03.2022. Adv. For plaintiff submits that plaintiff wants to proceed with the matter ex-parte. As defendant failed to comply order dated 21.03.2022, the matter be proceeded ex-parte.
The matter is adjd for filing claim affidavit and original documents to 05.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Kajal Gupta for plaintiff present.
K.B.
L.O. at 03.10 pm.
Adv. Shweta Singh for plaintiff present.
Exh.8 - Adv. For plaintiff filed claim affidavit. T.O.R.
Exh.9 - List of documents. T.O.R.
The matter is adjd for arguments to 08.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Shweta Singh along with Adv. Kajal Gupta for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 11.07.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Kajal Gupta for plaintiff present.
Exh.10 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.326 of 2021 is decreed with costs.
2. Defendant shall pay an amount of Rs.6,75,146/- (Rupees Six Lacs Seventy Five Thousand One Hundred and Forty Six only) along with interest @ 15percent p.a. on the principal amount of Rs.5,00,000/- to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 11-07-2022