Date: 23-01-2020
Business: Advocate Mr. K. Andrews for Plaintiff present and sought extension of time to serve writ of summons upon Defendants. Time extended till next date.
None present for Defendant.
Case is adjourned to 09/04/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: SERVICE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 07/01/2021 for Service .
Next Purpose: SERVICE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv Mr. Narendra Gharat for Plaintiff present and seeks extension in time to serve the defendants with writ of summons. Time extended till next date.
Matter is adjd.for service of writ of summons to 05.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv Mr. Gharat for plff present.
Adv Mr. Thorat for Deft Nos.3 and 4 present.
Adv Mr. Kharawala appeared and gave oral undertaking that he will file V.P. on behalf of deft No.4 Century Textiles & Industries Ltd. on next date. His oral undertaking is accepted.
Adv. for plff seeks time to file affidavit of service.
Matter is adjd. for filing V.P. and affidavit of service to 07.06.2021.
Judge
L.O. at 1.00 p.m.
Xerox copy of death certificate of Sureshchandra Thakorlal Tankaria received by E-mail. Kept on record.
Already adjd. to 07.06.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: CORAM : H.H.J. SHRI R.M.SADRANI (C.R.No.63)
Matter pertains to C.R. No.62.
Plaint is at Exh.1.
Vakalatnama of the plaintiff as Exh.2.
Address Memo of the plaintiff as Exh.3.
List of documents as Exh.4.
Adv Mr. Gharat for plff present and seeks time to file affidavit of service.
Adv Mr. Thorat for Deft Nos.3 and 4 present and seeks time to file WS.
Adv Mr. Kharawala present and filed V.P. on behalf of deft No.6 Century Textiles & Industries Ltd.
Matter is adjd. for affidavit of service and for filing WS by Deft Nos.3 and 4 to 05.08.2021
I/c Judge
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plff.
Adv Ms. Richa Tambe for defendant No.6 present.
Matter is adjd. for filing affidavit of service to 26.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Narendra Gharat present for plff.
Adv Ms. Richa Tambe for deft No.6 present. and filed draft NM for condonation of delay caused in filing WS alongwith affidavit in support.
O- Leave to register is granted with direction to serve the plff.
WS of deft No.6 is kept on record with direction that it will be considered only if the NM of deft No.6 is allowed.
Adv for plff seeks time to file affidavit of service.
Matter is adjd. for NM reply and affidavit of service of writ of summons to 07.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv Mr. Mahamuni h/f Adv Mr. Narenra Gharat for plff present and filed affidavit of service of writ of summons.
Adv Ms. Richa Tambe for deft No.6 present and tendered registered NM No 3346/2021 alongwith affidavit in support. She also filed affidavit of service.
Adv for plff endorsed reply on NM No.3346/2021 itself.
Heard.
F.R.S.R. following order is passed in N.M.No.3346/2021
ORDER
Notice of Motion No.3346/2021 is allowed.
Delay caused in filing written statement by defendant No.6 is condoned and written statement of defendant No.6 is taken on record.
----
WS of defendant No.6 is marked as Exh.12.
Matter is adjd for order in respect of other defts to 30.03.2022.
Next Purpose: ORDER
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Narendra Gharat for plaintiff present.
Law Officer Suresh Chavan of defendant Suresh Textile present. None present for other defendants.
Application is received from defendant nos.1 and 2 by e-mail on 03.04.2021. It is recorded in roznama dated 05.04.2021 that zerox copy of death certificate of Sureshchandra Tankaria is received by e-mail. Said death certificate is not concerning this suit. Application of defendant nos.1 and 2 be marked as Exh.13 in todays date.
Defendant nos.1 and 2 did not appear today hence, suit to proceed ex-parte against defendant nos.1 and 2.
Defendant nos.3,4 and 6 have already filed their W/S.
Defendant no.5 served properly with writ of summons by RPAD but failed to appear hence, suit to proceed ex-parte against defendant no. 5.
Adjourned for draft issues to 21-06-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv.Narendra Gharat for plaintiff present.
Adv.M.K.Jariwala for deft.No.3 and 4 present. He filed draft issues t.o.r. and marked as Exh.13.
Adv. of plaintiff requested time to file draft issues. Time granted.
Matter adjd to 17.10.2022 for draft issues by pltff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv.S.G.Mahamuni for plaintiff present.
Adv.M.K.Jariwala for deft.No.3 and 4 present.
Matter adjd to 12.01.2023 for draft issues.
Judge
LO at 01.00 pm
Adv.Nidhi Shetty for defendant No.6 present.
Matter adjd to 12.01.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv.S.G.Mahamuni h/f.Adv.Narendra Gharat for plaintiff present.
Adv.Kavin Bookseller h/f. Adv.M.K.Jariwala for deft.No.3 and 4 present.
Adv.Ankita Mohite h/f.Res Juris for defendant No.6 present.
None present for defendant Nos.1, 2 and 5.
On oral request of the plaintiff matter adjd to 15.03.2023 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv.Narendra Gharat a/w.Adv.Aparna Vani for plaintiff present.
None present for defendant.
Adv.for plaintiff requested time to file draft issues.
Matter adjd to 17.06.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Adv. Narendra Gharat for plaintiff present.
None for defendant
Matter is adjd.to 02-08-2023 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Mahamuni for plaintiff present.
Adv. Vaishanavi Mhatre for defendant no. 6 present.
Matter is adjd.to 29-09-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Adv. Rohit Pandey h/f Adv. Gharat for plaintiff present.
Adv. Mariyam Kanchwala for defendant no. 6 present.
Adv. M. K. Jariwala for defendants no. 3 and 4 present.
Matter is adjd.to 26-10-2023 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Rohit Pandey for plaintiff present.
None for defendant
Matter is adjd.to 19-12-2023 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Adv. Hemant Tajane for plaintiff present.
Adv. Yasmin Sarang for defendant no. 1 present.
Matter is adjourned to 30-01-2024 for draft issue
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Adv. Narendra Gharat for Plaintiff present and filed draft issues t.o.r. -seen.
None for defendants No.1 to 4 present.
Issues are framed in Exhibit-14.
Matter stands adjourned on 28.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Advocate Narendra Gharat for Plaintiff present and prayed for adjournment. O - Granted.
Advocate Kevin Bookseller h/f Advocate M.K. Jariwala for defendants No.3 and 4 present.
None for defendants No.1, 2, 5 and 6 present.
Matter stands adjourned on 25.07.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
Adv. Hanuman Tajne h/f Adv. Narendra Gharat for plaintiff present and filed adjournment application. Taken on record and marked as Exhibit-15.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
Adv. for plaintiff requested for grant of two months adjournment as plaintiff is ill. Adjournment granted.
Matter stands adjourned on 23/09/2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Adv. Narendra Gharat for plaintiff present.
Adv. Kavin booksellar for defendant No.3 and 4 present.
Adv for plaintiff seeks adjournment. Adjournment is granted.
Matter stands adjourned on 27/11/2024 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: Adv. Hanuman Tajne along with CA of plaintiff present and filed evidence affidavit. O-Read and Record. Taken on record and marked as Exhibit-16.
He also filed list of documents. Seen. Taken on record and marked as Exhibit-17.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
By consent of parties matter is posted on 17/01/2025.
Matter adjourned for recording evidence.
Matter stands adjourned on 17/01/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: Adv. S. G. Mahamuni along with plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Narendra Gharat for plaintiff present and requested for short date. Adjournment is granted.
None for defendant present.
Plaintiffs witness present.
Matter stands adjourned on 21/01/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: Adv. Hanumant Tajne for plaintiff present.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant presetn.
Keep Back.
Later on.
Adv. Hanumant Tajne for plaintiff present and prayed for grant of adjournment. Adjournment granted.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
Matter stands adjourned on 01/02/2025 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Adv. Narendra Gharat with Adv. G. S. Keni for plaintiff present and seeks adjournment as his witness is not present. O-Adjournment granted.
Adv. M.K. Jariwala for defendant No. 3 and 4 present.
Adv. Pradosh Patil i/b Lex Juris is present for defendant No. 6.
Matter stands adjourned on 04/03/2025 for Evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: None for plaintiff present.
Adv. M. K. Jariwala for defendant No. 3 and 4 present and filed statement of admission / denial of documents by defendant No. 3 and No. 4. Respectively marked as Exh. 18 and Exh. 19. Order : Seen.
None for other defendant.
Matter stands adjourned on 01/04/2025 for Hearing.
Later on 11:53 Hrs.
Adv. Hanuman Tajane h/f Adv. Navendra Gharat present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: Adv. S. G. Mahamuni along with CA of plaintiff present.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
Contenting defendant No.3 and 4 have admitted the documents filed by plaintiff vide list Exhibit-17 and hence, documents filed vide list Exhibit-17 are respectively marked as Exhibit-20 to Exhibit-22.
Cross examination of PW-1 on behalf of defendant No.3 and 4 is recorded. Other defendants are absent. Matter proceed further without cross examination of defendant No.6.
Adv. for plaintiff filed evidence close pursis. Seen. Taken on record and marked as Exhibit-23.
Adv. for defendant filed evidence close pursis. Seen. Taken on record and marked as Exhibit-24.
Parties are directed to file written notes of arguments.
Matter stands adjourned on 22/04/2025 for filing written notes of arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: Adv. S. G. Mahamuni for plaintiff present and seeks time for filing written notes of arguments. Time granted.
Adv. M. K. Jariwala for defendant No.3 and 4present and filed written notes of arguments. Taken on record and marked as Exhibit-25. Copy served upon other side.
Matter stands adjourned on 28/04/2025 for filing written notes of arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2025
Date: 28-04-2025
Business: Adv. Narendra Gharat for plaintiff present and seeks time for filing written notes of arguments. Time granted as a last chance, no further adjournment would be granted.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
Matter stands adjourned on 05/05/2025 for filing written notes of arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2025
Date: 05-05-2025
Business: Adv. Narendra Gharat for plaintiff present.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
Adv. Kezer Karawala i/b Lex Juris for defendant No.6 present and filed written notes of arguments. Seen. Taken on record and marked as Exhibit-26. Copy served upon other side.
None for other defendant present.
Adv. for plaintiff filed written notes of arguments. Seen. Taken on record and marked as Exhibit-27.
Adv. for plaintiff undertakes to serve copy to other side.
Matter stands adjourned on 09/05/2025 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-05-2025
Date: 09-05-2025
Business: Adv. Hanumant Tajne h/f Adv. Narendra Gharat for plaintiff present.
Adv. M. K. Jariwala for defendant No.3 and 4 present.
None for other defendant present.
Adv. Gopal Parab appeared for defendant No.1 and 2 filed vakalatnama for defendant No.1 and 2. Seen. Taken on record and marked as Exhibit-28. He submitted that written statement of defendant No.1 and 2 be taken on record.
The case is fixed for judgment. Record reflects that vide order passed on 30/03/2022 suit is heard ex-parte against defendant No.1 and 2. Under such circumstances when matter is posted for judgment without setting aside those orders defendant No.1 and 2 are not entitled to file written statement in the present suit. Hence, written statement filed by defendant No.1 and 2 can not be taken on record.
Judgment is pronounced in open court at Exhibit-29.
F. R. S. R. following order is passed in Suit No.37/2020.
1.Suit No.37/2020 is dismissed with costs.
2.Decree be drawn up accordingly.
3.Proceeding of Suit No.37/2020 is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 09-05-2025