Date: 04-01-2021
Business: Adv. Harish Pawar for plff present.
On oral request of Adv. for plff, Adjd for filing writ of summons on 08.03.2021.
Adjd for filing writ of summons on 08.03.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Harish Pawar for plaintiff is present.
None for defendant.
Adv.for the plaintiff has filed affidavit of service T.O.R marked at Exh.4.
None appeared on behalf of defendant no.5. Hence, case to proceed ex-parte against defendant no. 5.
Matter adjd for steps to 16.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: As per Office Order No. 79/21, holiday is declared on 16/04/2021. Hence, adjd to 30/07/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 24/08/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv.Nikhil Tapal h/f.Adv.Pawar for plaintiff present.
None present for defendant No.1 to 4. Suit is already proceeded ex-parte against defendant No.5.
The plaintiff today tendered draft of summons for judgment a/w. affidavit t.o.r. O-Leave granted to register summons for judgment. Issue notice to defendants.
Matter adjd to 23.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv.Pawan Tiwari h/f.Adv.Harish Pawar for plaintiff present.
None present for defendant.
Adv. of plaintiff tendered registered summons for judgment No.97/2021 a/w. affidavit in support t.o.r.
Matter adjd to 08.10.2021 for service affidavit of SJ.
Judge
LO at 01.18 pm
Adv.Vaishali Padale for defendant No.1 to 4 present. She filed adjournment application, Exh.5 t.o.r. O-Time granted.
Matter adjd to 08.10.2021 for service affidavit of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv Pawan Tiwari h/f.Adv.Harish Pawar present for plaintiff.
None present for defendant.
Plaintiff filed affidavit of service Exh.06 in summons for judgment in respect of defendant Nos.1 to 4 t.o.r.
KB
LO at 12.27 pm
Adv.Pawan Tiwari h/f.Adv.Harish Pawar present for plaintiff.
The defendant Nos.1 to 4 are served with the summons for judgment on 04.09.2021. These defendants were expected to apply for leave to defend within 10 days i.e. on or before 14.09.2021. Roznama shows that the defendant Nos.1 to 4 appeared on 23.09.2021. Hence these defendants have failed to apply for leave to defend. Hence, the plaintiff to proceed with summons for judgment.
Matter adjd to 26.10.2021 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.50 p.m.
Adv.Harish Pawar for plaintiff present.
Heard the plaintiff on SJ. Plaintiff wants to produce original documents.
Matter adjd to 17.11.2021 for order on SJ and production of documents.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv.Nikhil Tapal h/f.Adv.Harish Pawar for plaintiff present.
None present for defendant.
The plaintiff wants to produce additional documents by seeking leave of the Court. Hence, adjd for taking steps for the same/for filing NM by the plaintiff, order on SJ on 29.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv.Pawan Tiwari for plaintiff present.
None present for defendant.
K.B.
L.O. at 1.00 p.m.
Same appearance.
The plaintiff submits that suit is proceeded ex-parte against defendant No.5 and defendant Nos. 1 to 4 though served with the notice of SJ, failed to appear and file leave to defend.
Defendants have not filed reply to SJ or leave to defend. Hence, matter adjd to 13.01.2022 for filing claim affidavit.
Next Purpose: REPLY
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 04.02.2022 for filing claim affidavit/R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 25/02/2022 for R/E.
L.O.
Adv. Mr Nikhil S. Tapal. i/b Adv. Harish R. Pawar for the plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv.Nikhil Topal i/b.Adv.Harish Pawar for plaintiff present.
None present for defendant.
On oral request of pltff. KB for filing evidence
LO at 01.10 pm,
Adv.Pawant Tiwari i/b.Adv.Harish Pawar for plaintiff present.
Witness present.
The plaintiff tendered affidavit of evidence of Mr.Santosh Narayan Thati (PW-1). It is taken on record and marked as Exh.7.
The plaintiff tendered compilation of documents. It is taken on record and marked as Exh.8.
Matter adjd to 14.03.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Pawan Tiwari present for plaintiff.
None present for defendant.
Heard advocate of plaintiff on exhibition of documents. No argument of defendant. The following order is passed on exhibition of documents.
1. The document at Sr.No.1 is photocopy of MOU dated 30.01.2018 (page No.1-4). As it is photocopy it is marked as Art.X.
2. The document at Sr.No.2 is photocopy of receipt of payment of Rs.1,00,000/- (page No.5). As it is photocopy it is marked as Art.X-1.
3. The document at Sr.No.3 is photo copy of second payment receipt dated 05.02.2018 issued by Mr. Dattatray K. Salunkhe (page No.6). As it is photocopy it is marked as Art.X-2.
4. The document at Sr.No.4 is photo copy of the said third payment receipt dated 10.02.2018 issued by defendant No.2 (page No.7). As it is photocopy it is marked as Art.X-3.
5. The document at Sr.No.5 is photocopy of the fourth payment receipt dated 28.02.2018 issued by defendant Nos.1 and 2. (page No.8). As it is photocopy it is marked as Art.X-4.
6. The document at Sr.No.6 is photocopy of the fifth payment receipt dated 08.03.2018 issued by defendant Nos.1 and 2 (page No.9). As it is photocopy it is marked as Art.X-5.
7. The document at Sr.No.7 is photocopy of the sixth payment receipt dated 11.04.2018 amount of Rs.4,50,000/- issued by defendant Nos. 1 and 2. (page No.10). As it is photocopy it is marked as Art.X-6.
8. The document at Sr.No.8 is photocopy of the sixth payment receipt dated 11.04.2018 amount of Rs.5,50,000/- issued by defendant Nos. 1 and 2. (page No.11). As it is photocopy it is marked as Art.X-7.
9. The document at Sr.No.9 is pass book savings bank account No: 00191001005776 Mumbai District Central Co-operative. Bank Ltd., Worli Branch. (page No.12 & 13). Read the contents of para No.15 of affidavit of evidence. It is marked as Exh.9.
10. The document at Sr.No.10 is bank statement issued by Mumbai District Central Co-operative Bank Ltd. savings bank account No: 00191001005776. (page No.14). Read the contents of para No.16 of affidavit of evidence. It is marked as Exh.10.
11. The document at Sr.No.11 is share certificate bearing No.57 dated 05.11.2000 (page No.15). Read the contents of para No.17 of affidavit of evidence. It is marked as Exh.11.
12. The document at Sr.No.12 is leave and license agreement dated 06.06.2018 (page Nos.16 to 25). Read the contents of para No.20 of affidavit of evidence. It is marked as Exh.12.
13. The document at Sr.No.13 is FIR No.94/2019 (page No.26 to 33). Read the contents of para No.23 of affidavit of evidence. It is marked as Exh.13.
14. The document at Sr.No.14 is advocate\''s letter dated 19.08.2019, alongwith postal receipts and acknowledgement (page Nos.34 to 45). Read the contents of para No.25 of affidavit of evidence. It is marked as Exh.14 (Colly).
15. The document at Sr.No.15 is particulars of claim (page No.46). Read the contents of para No.26 of affidavit of evidence. It is marked as Exh.15.
Matter adjd to 24.03.2022 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv.Harish Pawar for plaintiff present.
None present for defendant.
The plaintiff requested time for taking steps in respect of secondary evidence.
Matter adjd to 10.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv Pawan Tiwari h/f Adv Harish Pawar present for plaintiff.
None present for defendant.
Adv for plff filed application for issue witness summons to the deft. at Exh.16. O-Issue witness summons as prayed to deft Nos.1,2,3,5.
Matter adjd to 06.07.2022 for appearance of witness/deft Nos.1,2,3 and 5 and for evidence.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Harish Pawar Present for Plff.
None Present for Deft.
KB LO 2.45 pm.
Ex.17- adv of plff has filed service affidavit regarding service of summons to witness along with endorsement of witness (Deft no.1,2,3,5) on summons. It shows that, deft no.1 has accepted and acknowledged the service for herself and on behalf of deft no.2 and 3. Deft no.5 has accepted and acknowledged the witness summons. Deft no.1 2,3 are family members therefore acceptance of summons by deft no.1 on behalf of deft no.2 and 3 is proper.
Adj. For further evidence of Plff and SJ 97/21 on 22/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present.
KB. LO
Adv. Pawan Tiwari Present for Plff.
Adv. Gogare Present for Deft.
Adj. For Further Evidence of Plff and SJ 97/21 on 08/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Harish Pawar Present for Plff.
Deft No.4 in person present.
Ex.18 - Adv of plff filed chief examination of PW-2 Jeevan Suresh Chilivery.
PW-2 present. Oath given to Hindi Language.
Adj. For Hearing on SJ 97/21 on 12/09/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Harish Pawar Present for Plff.
None Present for Deft.
KB LO 1.17.
Ex.21 - Deft no.1 and 3 present and filed application for permission to change the advocate and engage new advocate. Today case is for hearing of SJ. As such to have an opportunity adj. Granted as a last chance. It is not necessary to seek permission to engage advocate.
Adj. For hearing on SJ 97/21 on 27/09/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present.
KB LO 1.45.
Adv. Pawan Tiwari h/f Adv. Harish Pawar Present for Plff.
LO 2.45 pm.
Adv. J. P. Dubey h/f Adv. T. N. Tripathi Present for Deft.
Ex.22 VP filed by Adv T. N. Tripathi on behalf of deft no.1 to 5 but matter already proceeded ex-parte against deft no.5.
Adj. For Hearing on SJ 97/21 on 20/10/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Pawn Tiwari Present for Plff.
Adv. J. P. Dubey Present for Deft.
Adv of deft filed draft NM along with affidavit for condonation of delay in filing leave to defend. Leave granted to regsitere NM. Copy served to otherside.
Adv of deft has presented reply to SJ 97/21. - It will be taken on record subject to order of NM. Copy served to otherside.
Adj. For NM returnable and hearing on SJ 97/21 on 21/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Pawan Tiwari Present for Plff.
Adv. J. P. Dubey Present for Deft.
adv of deft has not tendered registered NM 4106/22 along with affidavit.
Ex.23- Adv of plff has filed reply to NM 4106/22.
Adj. For Returnable and hearing on NM 4106/22, SJ 97/21 on 15/12/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Harish Pawar Present for Plff.
None Present for Deft.
Deft has not tendered registered NM 4106/22 along with affidavit.
Record shows that deft has filed Draft NM on 20/10/2022 but till today he has not tendered registered NM 4106/22. adv of plff has filed reply to the same draft NM on last date. Thus the said registered NM 4106/22 fixed for Dismissal order.
Adj. For Dismissal order of NM 4106/22 and hearing on SJ 97/21 on 19/01/2023.
LO 3.30.
Adv. Karan Choudhary Present for Deft no. 1 to 4.
Adj. For Dismissal order of NM 4106/22 and hearing on SJ 97/21 on 19/01/2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Plff present.
Adv. Pawan Tiwari h/f Adv. Harsih Pawar Present for Plff.
Adv. J. P. Dubey Present for Deft no. 1 to 4.
Adv of deft no.1 to 4 has tendered registered NM 4106/22 along with affidavit.
Adj. For Hearing on NM 4106/22 and SJ 97/21 on 10/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv. Charusheela Gorad I/b Harish Pawar Present for Plff.
Deft no.4 present.
KB 12.30 pm.
Adv. Harish Pawar Present for Plff.
Adv. J. P. Dubey Present for Deft no. 1 to 4.
Heard argument of adv of both parties on NM 4106/22.
Adj. For Order on NM 4106/22 and SJ 97/21 on 01/03/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Plff present.
None Present for Plff.
Adv. J. P. Dubey Present for Deft.
F.R.S.R. following order NM 4106/22.
1. Notice of Motion is allowed as under.
2. Delay caused in filing reply to summons for judgment no.97/2021 is condoned subject to cost of Rs.2,000/- to be paid to the plaintiff within thirty days from the date of this order.
3. After compliance of above condition the reply to SJ will be taken on record.
Adj. For Compliance and SJ 97/21 on 31/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Shri. Harish Pawar for plaintiff present.
Adv. Shri. J. P. Dubey h/f. Vaishali Padale for defendant present.
Advocate of plaintiff contended that he has received cost of Rs.2,000/- from advocate of defendant as per order 01/03/2023.
Thus, the reply to SJ is taken on record and marked as Exh.24. Copy already served to the advocate of plaintiff. Advocate of plaintiff seeks time for filing of rejoinder to SJ. Granted
Case adjourned for rejoinder to the SJ 97/21 to 12/06/2023.
Next Purpose: REJOINDER
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: 12.06.2023
26
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm SU 893/2021@ Sum.for Judgt 97/2021
Adv. Charusheela Gorad i/b Harish R Pawar for plaintiff present.
Adv. J.P. Dube for all defendant present.
Ld. Adv. for plaintiff filed rejoinder to SJ.
Adjd to 14/07/2023 for hearing on SJ.
Judge
Next Purpose: HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: Adv Harish Pawar for plaintiff present.
None present for defendant.
KB.
LO at 1.55 P.M.
None present for parties.
Matter is adjd to 18.08.2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Adv. Harish Pawar for plaintiff is present.
Adv. J.P. Dubey for def. is present.
Matter is adj for summons for judgment hearing to 06.09.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Harish Pawar for plaintiff is present.
Adv. J.P. Dubey for def. is present and filed Written notes of arguments. TOR marked at exh. 25. Copy is served to other side.
Matter is adj for S.J. hearing to 20/09/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Matter received from C.R. No. 14.
Adv. Harish Pawar for plaintiff is present.
Adv. Vivek Dubey i/b J.P.Dubey Adv. for respondent is present and submitted that on record advocate is not available today in the Court hence, adjournment kindly be granted for S.J. hearing. O-Time granted as prayed for to the defendant.
Heard ld. adv. for plaintiff on S.J.
Matter is adj for hearing on S.J by def. to 07/10/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Adv. Pawan Tiwari h/f Adv. Harish Pawar for plaintiff is present.
Adv. J.P. Dubey for def.nos. 1 to 4 is present.
Heard ld. adv of def. on S.J.
Matter is adj for S.J. order to 25/10/2023.
Next Purpose: ORDER
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: None present.
KB
Court is busy in hearing of other matters and passing order. Hence, matter is adjourned.
Matter is adj for S.J. order to 02/11/2023.
Next Purpose: ORDER
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: None present.
L.O at 11.50 a.m.
Adv. Charushila Garad i/b Adv. Harish Pawar for plaintiff is present.
None present for def.
For the reason separately recorded, operative part in
S.J. No. 97/2021.
1. Summons for Judgment No.97 of 2021 is hereby rejected and disposed off.
2. The defendant Nos. 1 to 4 are permitted to file their written statement on the next date.
Matter is adj. for compliance to 15/01/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Plaintiff is present. His advocate is absent.
None for def.
Matter is adj. for compliance to 06/02/2024.
Later on at 01.56 p.m.
Adv.J.P Dubey for def. is present.
None for plaintiff.
Exh. 26 - Written statement of def. nos. 1 to 4.
O-Copy be supplied to the other side.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Plaintiff is present.
Adv. Shivam Gawade h/f Adv. Harish Pawar for plaintiff is present.
None present for defendant.
ORDER : Ld. Adv of plaintiff submitted that till today the defendants or their advocate has not supplied copy of written statement to the plaintiff or his advocate.
As defendants have not complied the directions dt. 15.01.2024 for supplying copy of written statement to the other side hence, put up the matter for passing order against the defendant.
Matter is adj. for order to 05/04/2024.
Next Purpose: ORDER
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Coram: H.H.J. SHRI. V .D. KEDAR JUDGE, (C.R.No 14)
Matter pertains to C.R.No. 32.
Adv. Shivam Gawade h/f adv. Harish Pawar for plaintiff is present.
Adv. Vivek Dubey h/f Adv. J.P. Dubey for defendant is present and served the copy of W.S. to the plaintiff today itself.
O-Defendant to file statement of truth.
Matter is adj for compliance to 26/04/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Plaintiff is present and his advocate is absent.
Defendant no. 4 is present and submitted that her advocate is absent due to personal reasons therefore, next date may be given for filing statement of truth to the W.S.
ORDER : Both the parties are directed to take inspection of each others documents before next date and to file their respective affidavits of admission and denial on the next date.
Matter is adj. for admission and denial to 10/07/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Shivam Gawade h/f Adv. Harish Pawar for plaintiff is present and submitted that, the original documents of plaintiff are already filed on record and the ld. Adv of defendant can take the inspection of the same and file affidavit of admission and denial of defendants. He further submitted that, the plaintiff’s side had contacted the other side for inspection of their documents but the said inspection is yet not given.
ORDER : The defendants are directed to take inspection of the plaintiff’s original documents which are filed on record before next date and file their affidavit of admission and denial on the next date. They are further directed to give inspection of their documents to the other side before next date.
None present for defendant.
Matter is adj. for admission and denial to 02/08/2024.
Later on at 12.40 p.m.
Adv. J.P. Dubey for defendant nos. 1 to 4 is present.
Exh.27- Affidavit of admission and denial on behalf of defendant nos.1 to 4.
None present for plaintiff.
Matter is adj. for admission and denial by plaintiff to 02/08/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: Court is vacant hence adj. to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Plaintiff in person is present. His advocate is absent.
None present for defendant.
Later on at 04.30 p.m.
Adv. Shivam Gawade present through V. C for plaintiff and sought adjournment because he is busy in Honble High Court till 04.30 p.m.
Plaintiff in person is present.
Matter is adj. for admission and denial to 09.05.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-05-2025
Date: 09-05-2025
Business: Plaintiff is present.
Adv. Shivam Gawade present for plaintiff.
None present for defendant.
Matter is adj. for admission and denial to 22.08.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Plaintiff is present.
Adv. Shivam Gawade i/b Adv. Harish Pawar present for plaintiff.
Adv. Vinod Dubey i/h Adv. J.P. Dubey present for defendant.
Witness PW-1 is present.
Ld. adv of defendant informed that he has no instruction to cross examine the witness.
Perused the record it appears that though W.S. at Exh. 26 Dt. 15.01.2024 is tendered the matter was never posted for filing draft issues hence, kept for filing draft issues.
Matter is adj. for draft issues/framing of issues/cross examination to 10.09.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Parties are absent.
Adv. Shivam Gawade present for plaintiff and tendered draft issues. TOR Marked as Exh. 28.
None present for defendant.
The court is busy in recording evidence in Com. Suit No. 635/2024 (Old High Court suit No.11/1996, 30 yrs old) since morning till 05.30 p.m. Hence, due to paucity of time rest of the board is discharged.
Matter is adj. for draft issues by defendant to 04.10.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Parties are absent.
Adv. Shivam Gawade present for plaintiff and apprised that the defendant has not tendered draft issues. Hence, matter is adjourned for framing of issues.
None present for defendant.
Matter is adj. for framing issues to 01.11.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-11-2025
Date: 01-11-2025
Business: Plaintiff PW-1 is present.
Adv. Sonal Bhor present for plaintiff.
None present for defendant.
Exh.29 – Issues.
1] Does plaintiff prove that late husband Dattaray Krishnarao Salunke of defendant no.1 wife agreed to sale for total consideration of Rs. 40,00,000/- towards purchase of room No. 4/63, Jodia Mansion, Opposite Penninsula corporate part, G.K. Marg, Lower Parel, Mumbai 13 as per MOU Dt. 30.01.2018 through mediator defendant no. 5 Ramdas Anant Belnekar and paid Rs. 1,00,000/- as a earnest amount and made part payments of Rs.32,00,000/- total Rs. 33,00,000/-?
2] Do defendant nos. 1 to 4 prove that suit is false, frivolous and baseless and barred by law of limitation?
3] Do defendant nos. 1 to 4 further prove that plaintiff is a money lender and advance loan of Rs. 19,00,00/- to late Dattararay Krishnarao Salunke ?
4] Do defendant nos. 1 to 4 further prove that receipt at Exh. ‘E’, ‘G’ and ‘H’ are false, bogus and fabricated ?
5] Do defendant nos. 1 to 4 further prove that there is no legal and valid cause of action to file the suit ?
6] Do defendant nos. 1 to 4 further prove that Registered Leave and License Agreement for year 2018-2019 for Room No. 63, Chawl No. 4, Jodia Mansion, Lower Parel is false, bogus and fabricated ?
7] Does plaintiff is entitled for the decree of Rs. 33,00,000/- with future interest @ of 12 % per anum from the date of filing of suit till its realization ?
8] What order, decree and costs ?
The parties shall note the issues and filed further evidence if any a/w additional documents if any and act upon as it appears that though the affidavit of evidence is filed in 2022 issues were not framed and therefore the issues are framed today.
Witness PW-1 who filed his affidavit of evidence dt. 25.02.2022 is present since morning till 04.16 p.m. However, none turned up on behalf of defendant to cross examine PW-1 who tendered his affidavit of evidence at Exh.7 prior to more than 3.5 yrs. Hence, proceeded further without cross examination as the ld. Adv. J. P. Dubey did not cross examine PW-1 on the pretext that he has no instruction to cross examine the witness.
Hence, matter is adjourned for further evidence of PW-2 Jeevan Suresh Chilivery whose affidavit is tendered on 08.08.2022. hence, matter is adjourned for cross examination of PW-2 if defendant failed to cross examine PW-2 matter would proceed further without cross examination of PW-2 treating defendant is not willing to cross examine PW-2 like PW-1.
Matter is adj. for cross examination of PW-2 by defendant to 03.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: Witness PW-2 Jivan Suresh Chilivery. Oath is given to witness PW-2.
Adv. Rudra Kanekar i/b adv. Harish Pawar present for plaintiff.
Adv. S.K.Gupta i/h Adv. D.P. Dubey present for defendant nos. 1 to 4 and and filed adjournment application TOR. Marked as Exh. 30. O-Allowed.
Cross examination of witness PW is deferred.
Matter is adj. for R/E P.H. to 14.11.2025 (urgent case).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: Parties are absent.
Adv. Shivam Gawade i/b Harish Pawar present through V.C for plaintiff and apprised that matter is fixed for further cross examination of PW-2 who is present before court.
None present for defendant.
Neither defendants nor their ld. Adv. J. P. Dubey and Adv. S.K. Gupta are present. Hence, cross examination of PW-2 by defendants is forfeited.
Later on at 04.10 p.m.
Adv. Shivam Gawade i/b Harish Pawar present and filed
evidence closure pursis. TOR Marked as Exh. 31.O- Read and Record.
Hence, adjourned for evidence of defendant nos. 1 to 4.
Defendant is present.
Adv. J. P. Dubey present for defendant nos.1 to 4 and filed application for set-aside no-cross order. TOR. Marked as Exh. 32. O-Call reply of plaintiff.
Simultaneously matter is referred to mediation.
Matter is adj. for mediation report/hearing on Exh. 32 to 12.12.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: Plaintiff is present.
Adv. Rudra Kanekar present through V.C. for plaintiff.
None present for defendant.
Matter is adj. for mediation report to 16.01.2026.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-01-2026
Date: 16-01-2026
Business: P.O. is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Parties are present. Their advocates are absent.
Exh.33 - Mediation report received from department as mediation is ‘Failed’.
Witness is absent.
Matter is for evidence. Mediation is failed. Plaintiff seeking date granted subject costs of Rs.2000/- to be paid to the DLSA.
Plaintiff is directed to keep the presence of witness without failed.
Matter is adj. for recording evidence to 15.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: Parties are absent.
Adv. Shivam Gawade present for plaintiff.
Adv. J.P. Dubey present for defendant nos. 1 to 4 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 17.06.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Plaintiff is present.
Adv. Shivam Gawade present for plaintiff and filed application to withdraw the suit. TOR. Marked as Exh. 34.
Adv. J.P. Dubey present for defendant and tendered registered NM No. 2322/2026. TOR.
plaintiff do not want to proceed with the matter and he has filed withdrawal pursis at Exh. 34. Defendant is also present he has no objection for withdrawal of suit hence, this suit is disposed off as withdrawn. Proceeding is closed. Court fee is refunded as per rules. NM No. 2322/2026 pending in this suit becomes infructuous.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-06-2026