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: None present for plaintiff.
None present for defendant.
Matter adjd to 16.02.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Mr.Ajit Shobhawat for plaintiff present.
None present for defendant.
Matter adjd to 15.03.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Ajit Shobhawat for plaintiff present.
None for defendant.
Matter adjd to 03.04.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Same appearance.
Matter adjd to 31.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.40 pm
None present.
Matter adjd to 29.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.13 pm
Adv.Ajit Shobhawat i/b.AJS Legal for plaintiff present.
The plaintiff requested time to file service affidavit. Adjd for filing service affidavit on 09.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
Adv.Shahzad Khajotia h/f.Adv.Yatin Shah for defendants present.
KB
LO at 12.34 pm,
Adv.Ajit Shobhawat i/b.AJS Legal for plaintiff present.
Adv.Harsha Shah h/f.Adv.Yatin Shah for defendants present.
The plaintiff tendered affidavit of service, Exh.8 a/w.original writ of summons and copy of tracking report t.o.r. Summons is served on 12.03.2021. The defendant is intending to file notice of motion for condonation of delay. The defendant undertakes to serve the copy of notice of motion well in advance. Hence, adjd for filing of NM, reply to NM and hearing on NM on 26.11.2021.
Judge
LO at 01.19 pm,
Adv.Ajit Shobhawat submits that inadvertently the affidavit of service is not affirmed. He requested to handover the same for affirmation. Allowed to get it affirm and submit again today itself.
KB for filing service affidavit.
LO at 01.45 pm,
Adv.Ajit Shobhawat present and submitted service affidavit, Exh.8 after affirmation.
Matter adjd. for filing of NM, reply to NM and hearing on NM on 26.11.2021.
Next Purpose: REPLY
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None present for plaintiff.
Adv.Shivam Bhagwati i/b.Adv.Yatin Shah for defendant present.
The defendant filed draft notice of motion (delay) a/w. affidavit in support. O-Leave granted to register draft notice of motion.
Copies of draft NM and affidavit is kept on record for furnishing the same to the plaintiff.
Matter adjd to 04.12.2021 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv.Ajit Shobhawat i/b.AJS Legal for plaintiff.
Adv.Shah Zad Khajotia h/f.Adv.Yatin Shah for defendant present.
The defendant tendered registered NM No.3072/21 a/w. affidavit t.o.r.
The plaintiff tendered reply to NM No.3072/21, Exh.9 t.o.r. Copy of same is furnished to the defendant. Endorsement to that effect is made.
Heard Ld.Adv. for the pltff. on NM No.3072/21.
KB for argument of deft.
LO at 01.12 pm,
Adv.Harsha Shah i/b. Adv.Yatin Shah for defendant present.
Heard Ld.Adv. for the deft. on NM No.3072/21.
KB for order on NM 3072/21.
LO at 4.30 p.m.
F.R.S.R. the following order is passed on NM No.3072/21.
ORDER
1. Notice of Motion is allowed.
2. Delay in filing written statement is condoned.
3. The written statement filed by the defendant is taken on record.
4. Costs of this notice of motion shall follow the event.
In view of above order, the written statement at Exh.7 is taken on record.
Matter adjd to 18.01.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv.Ajit Shobhavat i/b.AJS Legal for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 04.02.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 03/03/2022 for admission and denial.
L.O. 11.50 a.m.
Adv. Ajit Shobhawat for the plaintiff present.
L.O. 12.25 p.m.
Adv. Ms. Harsha Shah h/f Adv. Yatin R. Shah for the defendant is present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Mr. Ajit Shobawat present for plaintiff.
Adv. Divya Tekwani present for defendant.
The defendant tendered admission and denial of the documents. t.o.r. and marked as Exh.10. Copy is received by the plaintiff.
Last chance is granted to the plaintiff.
Matter adjd to 23.03.2022 for admission and denial of plaintiff.
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: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Shobhawat present for plaintiff.
Adv Shweta Singh present for defendant.
Adv of plff filed admission denial at Exh.11.
Matter adjd to 30.06.2022 for CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Nainee Cheeda Present for Plff.
Adv. Shradha Ghag Present for Deft.
Heard adv of both parties on case management schedule. Fixed CMS as under.
Date
Business.
06/07/2022
Draft issue.
15/07/2022
Chief examination of PW-1.
21/07/2022
Cross examination of PW-1.
28/07/2022
Arguments
01/08/2022
Judgment.
Adj. For Draft issues on 06/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None Present for Plff.
Adv. Swetha Singh Present for Deft.
KB. Lo 12.45 pm.
Adv. Ajeet Present for Plff.
Ex.12- Adv of plff has filed draft issue. t.o.r.
KB 2.45 pm.
Ex.13- Adv of deft has filed draft issues. t.o.r.
Issues framed.
Adj. For Evidence on 15/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Naineen Cheda Present for Plff.
Adv. Sharadha Ghag Present for Deft.
KB.
Adv. Ajeet Shobhavat Present for Plff.
Ex.15- Adv of plff has filed chief examination of PW-1 Maheshchandra Rungta. Witness is present. Oath given him in Hindi Language. He admitted contents of chief examination as true and correct.
Ex.16 - adv of plff has filed list of document.
Documents filed with list Ex.16 which are referred in chief examination and its photocopy filed with plaint are exhibited as under.
Ex.17 - Invoice dt.01/10/2016.
Ex.18 - Invoice dt.11/11/2016.
Ex.19 - Adv letter dt. 17/11/2016.
Ex 20 (colly) - reply letter dt.07/12/2016 with postal receipt and acknowledgement
Ex.21.- demand notice dt.09/1/2017.
Document at sr. no.3 ledger account filed today with list ex.16 was not filed previously with plaint and it is new documents therefore the said document could not be taken on record.
Adj. For Cross examination on 21/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Nainell Chedha Present for Plff.
Adv. Shardha Ghag Present for Deft.
KB LO 12.00
Adv. Ajeet Shobhavat Present for Plff and contended that, he is going to file NM for leave to file additional document and hence prayed for adjournment.
Witness absent.
Adj. For Cross examination on 29/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Naneel Cheeda Present for Plff.
Adv. Sharadha Ghag Present for Deft.
Adv of plff filed draft NM along with affidavit for adducing additional documentary evidence . Leave granted to register NM. Copy of NM served to otherside.
Adj. For NM returnable and Reply on NM on 06/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Ajeet Shobhavat Present for Plff.
Adv. Sharadha Ghag Present for Deft.
Adv of plff tendered NM 2687/22 along with affidavit.
Adv of deft seeks time for reply on NM.
Adj. For reply on NM 2687/22 by deft on 23/8/2022.
Next Purpose: REPLY
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Ajeet Shobhavat Present for Plff.
Adv. Divya Tekwani Present for Deft.
Ex.21 - Adv of deft filed reply to NM 2687/22. adv of deft undertakes to serve copy of NM to plff.
Adj. For Hearing on NM 2687/22 on 07/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Ajeet Shobhavat Present for Plff.
Adv. Harsha Shah Present for Deft.
Heard argument adv of both parties on NM 2687/22.
Adj. For Order on NM 2687/22 on 14/09/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Ajeet Shobhavat Present for Plff.
Adv. Shradha Ghagh Present for Deft.
F.R.S.R. following order passed on NM 2687/22.
Notice of Motion No.2687 of 2022 stands rejected.
Adj. For Cross examination on 29/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Kajal Gupta Present for Deft.
KB 12.20
None Present for Plff.
PW-1 absent.
Adj. For Cross examination of PW-1 on 18/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Ajit Shobhavat Present for Plff.
Adv. Harsha Shah a/w Adv. Kajal Gupta Present for Deft.
Ex.22 - Adv of plff has filed list of witness. Filed. Copy served to otherside.
Adv of deft has taken partly cross examination of PW-1 and seeks time for further examination on the ground that due to poor signal of mobile network she is not able to take instructions from defts. This is not sufficient and reasonable 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 payment of costs on 18/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Ajeet Shobhavat I/b AJS Legal Present for Plff.
Adv. Harsha Shah Present for Deft.
PW-1 present.
Ex.23 - adv of deft has filed application for discarding evidence. Otherside to say. Copy served to otherside.
Adv of plff seeks time for filing say on Ex.23. Granted.
Adv of deft paid costs of Rs.1000/- as per order dt.18/10/2022.
Adj. For Say on Ex.23 and Cross examination of PW-1 on 25/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: None Present for Plff.
Adv. Kajal Gupta h/f Yatin Shah Present for Deft.
Adv of deft has filed draft NM along with affidavit for rejection of plaint on the ground that plaint is bared by limitation. Leave granted to register NM. Copy be served upon otherside. Service affidavit be filed.
Adj. For NM returnable and Say on Ex.23 on 15/12/2022.
KB LO 12.45.
Adv. Ajit Shobhavat I/b AJS Legal Present for Plff.
Ex.24- adv of plff has filed reply to application Ex.23. Copy be served to otherside.
Adv of plff contended that he contacted with adv of deft for change of date i.e. 16/12/2022 instead of 15/12/2022.
Adj. For NM returnable and Hearing on Ex.23 on 16/12/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Ajeet Shobhavat I/b AJS Legal Present for Plff.
Adv. Shardha Ghag h/f Adv. Yatin Shah Present for Deft.
adv of deft has tendered registered NM 4531/22 along with affidavit.
Adv of plff seeks time to file reply to NM 4531/22. Granted.
Adj. For Hearing on Exh.23 and Reply NM 4531/22 by plff on 10/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: None present. KB.
L. O. at 1.20 pm.
Adv. Ajit Shobhawat I/b AJS legal for plaintiff present.
Adv. Harsha Shah h/f Yateen Shah for defendant present.
Exh.25 Adv of plaintiff has filed say on Notice of Motion no. 4531/22. Copy served to otherside.
Heard advocate of both parties on NM no. 4531/22.
Case adjd for order of NM no. 4531/22 and hearing on Exh.23 on 30.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: None for plaintiff.
Adv Shweta Singh for defendant present.
PO busy in judgment in CSU No.501-2022, CSU-507-2022 and 503-2022.
Case adjourned for order on NM 4531/22 and hearing on Exh.23 to 03/02/2023.
Next Purpose: ORDER
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: None Present for Plff.
Adv. Sweta Singh h/f Yatin Shah Present for Deft.
FRSR following order is passed on NM 4531/22.
ORDER
Notice of Motion No.4531/2022 stands rejected.
-----------------
Case adjourned for cross-examination of PW-1 to 24/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None present.
KB LO 12.00.
None Present for Plff.
Adv. Swetha Singh h/f Yatin Shah Present for Deft.
Adv of deft contended that the advocate of plff has intimated her that today PW-1 is not able to attend court.
Adj. For Cross examination of PW-1 on 21/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Ajit Shobhawat i/b AJS Legal for plaintiff present.
Adv. Shweta Singh for defendant present.
KB LO at 1.15 p.m.
Adv. Ajit Shobhawat i/b AJS Legal for plaintiff present.
Adv. Harsha Shah for defendant present.
Heard argument of Adv.of both parties on Exh.23.
Case adjd for order on Exh.23 to 05.04.2023.
Next Purpose: ORDER
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv. Ajeet Shobhavat I/b AJS Legal Present for Plff.
Adv. Shewta Singh h/f Adv. Yatin Shah Present for Deft.
F.R.S.R. following order passed below Exh.23.
1. Application Exh.23 is partly allowed as under.
2. Contents of chief-examination of PW-1 (Exh.15) mentioned in para No.4 from the word “however due to pressure ...... said proforma invoices”, entire para No.6, 9 and para No.10 from the word “I say that the defendant vide...... read in evidence”; are hereby discarded. There is no reference about evidence in the plaint.
Adj. For Cross examination of PW-1 on 08/06/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: 26.06.2023
7
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 467/2020
Adv. Nainel Chheda i/b AJS Legal for plaintiff present.
Adv. Swata Singh h/f Adv Shah for defendant present.
KB.
L.O. at 3.10pm
Adv. Shobhavat for plaintiff present
Adv. Harsha Shah for defendant present.
Ld. Adv. for plaintiff submitted that, PW 1 is 79 years old. He left the Court at 2.00pm due to his health reason. Therefore time may kindly be granted for his cross examination.
O- Time granted as prayed for as last chance.
Adjd to 18/07/2023 for cross examination of PW 1.
Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Adv. Shobhavat for plaintiff is present.
Adv. Harsha Shah for defendant present.
Witness PW-1 is present.
KB for cross examination.
LO at 03.15 p.m.
Adv. Kavita Mungse h/f Adv. Harsha Shah for defendant is present.
Exh.26 - Ld advocate of defendant filed appliction for adjournment.
O- Consideing the reason stated in the application ajdournment gratned as last chance. The Ld. Advocate of the parties and the witness i.e PW-1 is directed to remain present on the next date at 02.45 p.m. for cross examination of PW-1.
Matter is adj for cross examination of PW-1 to 21/07/2022 at 02.45 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Shobhavat for plaintiff is present.
PW-1 is present.
At 02.50 p.m.
Adv. Kavita Mungse h/f adv. Harsha Shah for defendant
present and requested to keep back the matter.
L.O at 03.15 pm.
Adv. Shobhavat for plaintiff is present.
PW-1 is present.
None present for defendant. Hence, matter is
ajdourned.
Matter is adj for R/E P.H to 07/08/2023.
L.O at 03.25 p.m.
Adv. Harsha Shah for defendant is present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv. Shobhavat for plaintiff is present.
Adv. Harsha Shah for def. is present.
Witness PW-1 is present.
Oath is given to PW-1.
Further cross examination of PW-1 is completed.
Matter is adj for R/E P.H to 28/08/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: None present for plaintiff.
Adv. Shweta Singh for def. is present.
Witness PW-1 is absent.
KB
L.O at 03.10 p.m.
Adv. Shobhavat for plaintiff is present and filed draft NM a/w affidavit in support for leave to file evidence affidavit of PW-2 Mr. Madhuri Rungta.
O-Leave granted to register NM. Copy be served to other side.
None present for defendant.
Matter is adj for NM returnable and compliance to 06/09/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Shobhavat for plaintiff is present and tendered register NM No. 3177/2023. Copy is served to other side.
Adv. Kavita Mugase for def. is present and filed reply on NM No. 3177/2023. Copy is served to other side.
Matter is adj for hearing on NM No. 3177/2023 to 20/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Matter received from C.R. No. 14.
Adv. Shobhavat for plaintiff is present.
Adv. Kavita Mungse h/f Yatin Shah for def. is present.
Heard ld. adv of plaintiff on NM No. 3177/2023.
Ld. adv of def. prayed for time for NM hearing. O-Time granted as last chance.
Matter is adj for NM hearing by def. to 30/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: None present for plaintiff.
Adv. Smt. Kavita Mungse h/f. Yatin Shah for defendant present.
KB / L.O. at 1.00 pm.
None present for plaintiff.
Adv. Smt. Harsha Shah for defendant present and submitted that the ld. advocate for plaintiff is not going to come today therefore, she may kindly be heard on the NM taken out by the plaintiff.
Heard ld. Advocate for defendant on N.M. no.3177/2023.
Matter is adj for Order on N.M. to 11/10/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Adv. for plaintiff is absent.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present.
L.O at 02.45 p.m.
Adv. Shobhavat for plaintiff is present.
None present for def.
F.R.S.R. Following order is passed in NM No. 3177/2023.
ORDER
1) NM No. 3177/2023 is hereby allowed subject to payment of costs of Rs. 1000/- by the plaintiff to the defendant on or before next date.
2) After compliance of the above condition, the plaintiff is permitted to file evidence affidavit of PW-2 Madhuri M. Rungta and lead her evidence.
3) NM NO. 3177/2023 is disposed off accordingly.
Matter is adj for compliance to 08/11/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Shobhavat for plaintiff is present.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present.
The ld. adv of def. received costs of Rs. 1000/- from the ld. adv of plaintiff.
Exh. - 27- Affidavit of evidence of PW-2 Madhuri Rungta. Copy of the same is served to the other side.
Witness PW-2 is absent.
By consent matter is adj. for further examination of chief and cross examination of PW-2 (R/E P.H) to 18/12/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Shobhavat for plaintiff is present.
Adv. Keyur Adhvaryu h/f Adv. Yatin Shah for def. is present and submitted that today he is ready to take cross examination of PW-2.
Plaintiff Witness PW-2 is absent.
KB
Later on at 01.30 p.m.
Adv. Shobhavat for plaintiff is present.
Adv. Harsha Shah h/f Adv. Yatin Shah for def. is present and submitted that today he is ready to take cross examination of PW-2.
Plaintiff Witness PW-2 is present.
Oath is given to witness PW-2.
Evidence of PW-2 is commeced and completed.
Exh. 28- Ld. adv of plaintiff filed evidence closure pursis.
Matter is adj. for steps by defendant for adducing evidence to 11/01/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: None present.
Matter is adj. for steps by defendant for adducing evidence (R/E) to 12/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: None present for plaintiff.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present and 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 13/03/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Yash Jadhav h/f Adv. Ajit Shobhawat for plaintiff is present and filed reply affidavit in NM. No. 839/2024.
copy served to other side.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present and tendered registered NM. 839/2024.
Matter is adj. for NM hearing to 03.04.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: None present for plaintiff.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present and requested to KB the matter.
Later on at 01.20 p.m.
None present for plaintiff.
Adv. Harsha Shah for defendant is present.
Heard ld. Adv of defendant on NM No. 839/2024.
Matter is adj. for hearing on NM No. 839/2024 by plaintiff to 26/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. Shobhavat for plaintiff is present.
Adv. Kavita Mungse h/f Adv. Yatin Shah for def. is present.
By consent of both the parties matter is adj. for NM hearing to 24/06/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Ajit Shobhavt for plaintiff is present.
Adv. Kavita Mungse h/f Adv. Yatin Shah for defendant is present.
Heard ld. Adv of plaintiff on NM No. 839/2024.
Order Below Notice of Motion No. 839 of 2024.
The defendant has taken out this Notice of Motion to condone the delay in filing the evidence on behalf of the defendant. The Ld. Advocate of plaintiff fairly submitted that, he has no objection to allow the Notice of Motion subject to payment of costs. Therefore, I proceed to pass the following order.
a) The Notice of Motion No. 839 of 2024 is hereby allowed.
b) The delay occurred on behalf of defendant in filing its affidavit is hereby condoned and the defendant is permitted to file its evidence on a next date subject to payment of costs of Rs. 1000/- to the other side.
Matter is adj. for compliance to 22/07/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: None present for plaintiff.
Adv. Kavita Mungse i/b Adv. Yatin Shah for def. is present and submitted that, today she is ready to pay costs of Rs. 1000/- pay to the other side and comply order Dt. 24.06.2024 but none appears to receive the costs.
ORDER : Keep the matter for evidence of defendant and for payment of costs.
Matter is adj. for evidence of defendant to 16/08/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Court is vacant hence adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Court is vacant hence adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Court is vacant. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Parties are absent.
Adv. Ajit Shobhawat for plaintiff present and received the copy of evidence affidavit.
Adv Kavita Mungse h/f Adv. Yatin Shah for defendant is present and filed affidavit of examination of chief of DW- 1 Saurav Daptari along with list of witnesses taken on record and marked as Exh.29 and Exh.30 Order - Put for verification.
Copy is already served to other side.
Matter is adj. for Admission and denial to 08.04.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Parties are absent.
Adv. Shobhavat present for plaintiff.
Adv. Mungse present for defendant.
Matter is adj. for admission and denial to 14.07.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-07-2025
Date: 14-07-2025
Business: Parties are absent.
Adv. Daineel Chheda i/b Adv. Shobhavat present trhough V.C. for plaintiff. Today the matter is fixed for admission and denial of the defendants sole documents i.e. resolution Dt. 14.08.2024 and expressed his wish to record his statement that he denied the said resolution and do not wish to tendered the written reply.
Adv. Priyanshi Shah present through V.C for defendant and prayed to mark resolution dt. 14.08.2024 as exhibit. However, affidavit of DW-1 Saurav Daftari, whose age is not mentioned in the affidavit is not before the court for verification fo the court. Whether DW-1 is minor or major. Secondly, the copy of resolution is a photocopy and not even care has been taken to file a certified true copy of the said resolution. Hence, resolution can not be either mark for want of verification of DW-1 affidavit of evidence who is absence today. Hence, matter is adjourned for verification further evidence of DW-1 and cross examination of plaintiff.
Matter is adj. for admission and denial to 23.09.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: Parties are absent.
Adv. Nainil Chheda i/b ASJ Legal present for plaintiff pointed out that though DW-1 filed his affidavit in the month of January still it is not verified by the court. The matter is posted for verification for the affidavit.
Adv. Kavita Mungse present for defendant informed to the court that there is talks in between the seniors and it was informed by the plaintiffs counsels/sr. Ld. Advocates that he is unable to come today hence, witness has not called.
If the plaintiff failed to remain present on next date, his affidavit of evidence is deemed to be filed.
Matter is adj. for admission and denial to 06.01.2026
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Parties are absent.
None present.
KB… Later on at 11.35 p.m.
None present for plaintiff.
Adv. Harsha Shah present for defendant.
KB.. Later on at 01.15 p.m.
None present for plaintiff.
Defendant witness is present through V.C, oath is administered to the defendant.
Adv. Harsha Shah present for defendant.
Defendant has not filed any documents.
Matter is for cross examination of defendant. Plaintiff and his advocate is absent. Hence, matter to proceed without cross examination of defendant by plaintiff.
Exh. 31 – Evidence closure pursis filed by ld. Adv of defendant. TOR.
Matter is adj. for final arguments to 29.01.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Parties are absent.
None present for plaintiff.
Adv. Kavita Mungse i/b Adv. Yatin Sjhah present through V.C. for defendant.
KB.. Later on at 12.50
Adv. Shobhavat is present for plaintiff and seeking time for taking steps for setting aside no cross order. O-Granted as last chance.
Adv. Harsha Shah is present for deft. no. 1 through V.C.
Matter is adj. for steps to 03.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2026
Date: 03-02-2026
Business: Parties are absent.
None present for plaintiff.
Adv. Kavita Mungse i/b Adv. Yatin Shah present through V.C for defendant.
KB.. Later on at 11.50 p.m.
Adv. Ajit Shobhavat is present for plaintiff 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/NM reply/hearing to 27.02.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-02-2026
Date: 27-02-2026
Business: Parties are absent.
Adv. Ajit Shobhavat present for plaintiff and filed registered NM no. 764/26.
Adv. Kavita Mungse (Court Hall) present for defendant and filed reply on NM no. 764/26. Adv. Varsha Shah on V.C. for deft.
No cross order is set aside subject to costs of Rs. 2000/- to be paid to DLSA.
Direction is given to keep the witness present on next date.
Following order is passed in NM No. 764/2026.
For the reason separately recorded.
Operative part of order.
Notice of motion No.764 of 2026 is allowed subject to costs of Rs.2,000/- (Rupees Two Thousand only) to be paid to defendant.
2. Matter is fixed for cross-examination of defendant.
3. Notice of motion No.764 of 2026 is disposed of accordingly.
Matter is adj. for Cross of Deft to 06.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Witness is present.
Adv. present for plaintiff.
Adv. present for defendant.
Both are submitted that settlement is being arrived.
Matter is adj. for R/E to 02.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Parties are absent.
None present for plaintiff.
Witness DW-1 is absent.
Adv. Harsha Shah present through V.C. for defendant.
KB.. Later on at 01.25 p.m.
Adv. Nainesh Chheda is present through V.C. for plaintiff and orally seeking time for recording evidence.
Adv. Harsha Shah present through V.C. for defendant.
Witness DW-1 is present through V.C.
Ld. adv of defendant is directed to keep the witness presence.
Matter is adj. for R/E to 07.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2026
Date: 07-04-2026
Business: Parties are absent.
Adv. Chheda present through V.C. for plaintiff.
Adv. Kavita Mungse i/b Adv. Yatin Shah present for defendant.
Matter is for cross examination of DW-1.
Witness DW-1 is present.
Plaintiff is seeking date. Matter is old. Granted subject to costs of Rs. 5000/- as last chance to be paid to the DLSA.
Matter is adj. for R/E to 12.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: Plaintiff is absent.
Defendant No. 01 is present.
Adv. Ajit Shobhawat present for plaintiff, tendered application of costs imposed TOR marked as Exh.32.O- Costs is waived.
Adv. Harsha Shah present for defendant.
Kept back at 1.00 PM
Later on at 1.30 PM
Cross-examination of DW1 by Adv.Ajit Shobhawat for plaintiff.
Cross examination is deferred till next date.
Matter is adj. for to 01-07-2026 for further cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2026
Date: 01-07-2026
Business: None present for plaintiff.
Defendant is present.
Adv. Harsha Shah present for defendant.
Later on at 12.05 p.m.
Parties are present.
Adv. Shobhavt is present for plaintiff.
Adv. Harsha Shah present for defendant.
Exh. 33 - Consent Terms filed by both parties.
Order below Exh. 33
Plaintiff and director of defendant company namely Saurabh Daftari are present before the Court. They have filed consent term at Exh. 33. Both are signed the consent terms. They identified by their respective advocates. Both of them have admitted contents in the consent terms. Hence, this suit is disposed off as per consent terms. Decree be drawn as per consent terms. Court fees be refunded as per rules. Proceeding is disposed off.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 01-07-2026