Date: 18-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 18.08.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: P.O. is on leave.
Matter is adjd to 05.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mukesh Dongage for the plff present.
Adv. Neha Gupta for the deft present.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 23.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on Leave.
Next Purpose: REPLY
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: REPLY
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: P.O. is on leave, hence adjd to 18.08.2021
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None for plaintiff.
Adv. Bharat Kothari for defts. present.
Adv. For defts. filed draft N/M along with affidavit in support. Leave to register N/M is granted.
Adv. For defts. filed reply to S/J cum application to leave to defend. T.O.R.
K.B.
L.O.
Adv. Mahadev Pawar for plaintiff present.
Adv. Bharat Kothari for defts. Present.
Copy of draft N/M and reply to S/J cum application to leave to defend is served upon plaintiff.
Summons for judgment is not tendered.
The matter is adjd for tendering summons for judgment, hearing on S/J and reply to N/M to 15.09.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None for plaintiff.
Adv. Vivek Dubey for deft. present.
Adv. For deft. tendered registered N/M No.1877/21 along with affidavit. T.O.R.
The matter is adjd for reply to N/M to 29.09.2021.
L.O. at 03.40 pm.
Adv. Mahadev Pawar for plaintiff present.
The matter is already adjd for reply to N/M to 29.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Shelar for plaintiff present. She prayed for short adjournment for filing reply to N/M. Adjournment as prayed for is granted.
Plaintiff is directed to tender registered S/J.
The matter is adjd for reply to N/M to 11.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
Adv. Vivek Dubey for deft. present.
Plaintiff is directed to tender registered S/J.
The matter is adjd for filing reply to N/M to 09.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None for plaintiff.
Adv. Vivek Dubey for deft. present.
Inspite of sufficient opportunities and time, plaintiff failed to file reply to N/M No.1877/21. Therefore, N/M No.1877/21 to proceed without reply of plaintiff.
Plaintiff is directed to tender registered S/J.
The matter is adjd for hearing on N/M and compliance to 24.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Yuvraj Patil h/f. Adv. Mukesh Dongarge for plaintiff present.
Adv. Bharat Kothari for deft. present.
Exh.7 - Adv. For plaintiff filed application for setting aside no reply order to N/M No.1877/21.
O. - Other side to say.
Adv. For deft. filed say.
Heard both sides.
ORDER BELOW EXH.7
Perused the application and say.
It is submitted on behalf of plaintiff that due to Covid-19 pandemic, he could not track the matter. In last week, plaintiff came to know about no reply order dated 17.11.2021. Plaintiff is ready to contest the N/M taken out by deft. By making these submissions, plaintiff prayed to set aside no reply order dated 17.11.2021.
Application is opposed by deft. It is submitted on behalf of deft. that plaintiff and his counsel were absent on last few dates and therefore, hearing of the case was delayed.
Considered the submissions advanced on behalf of both sides. Deft. tendered registered N/M on 15.09.2021. Thereafter, matter was adjourned time to time due to absence of plaintiff and no reply order came to be passed on 17.11.2021. Deft. has taken out N/M No.1877/21 praying for return of plaint. Said application has effect on the termination of the proceeding. Considering the prayer made in said N/M, it would be just and expedient to give opportunity of hearing to the plaintiff. However, while doing so, it cannot be ignored that hearing of the case is delayed due to absence of plaintiff. Therefore, while allowing present application, Court would be justified in saddling costs on plaintiff. Hence, following order.
ORDER
Application (Exh.7) is allowed subject to payment of costs of Rs.1,000/- payable to deft.
Costs is paid to the Adv. For deft.
Reply to N/M No.1877/21 filed by Adv. For plaintiff is taken on record. Copy is supplied to Adv. For deft.
Heard arguments of Adv. For deft. on N/M No.1877/21.
On oral request of Adv. For plaintiff, the matter is adjd for hearing on N/M no.1877/21 to 27.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv. Yuvraj Patil for plaintiff present.
Adv. For plaintiff filed registered S/J No.51/20. T.O.R.
Heard arguments of Adv. For plaintiff on N/M No.1877/21.
K.B.
L.O. at 03.20 pm.
Adv. Deepak Kumar Pandey h/f. Adv. Bharat Kothari for deft. present.
ORDER BELOW N/M NO.1877/2021
This N/M is taken out by the deft. on following two grounds -
(a) Defendant is having business at Malad, Mumbai. Goods were delivered to deft. at Malad. Cause of action arose at Malad, Mumbai. Therefore, Dindoshi Branch of City Civil Court is having territorial jurisdiction to try and entertain the suit.
(b) Suit is not based upon bill of exchange, hundi or promissory note. It is also not based upon written contract. Therefore, suit cannot be tried as per Order 37 Rule (1)(2) of C.P.C.
2. Heard both sides. The first contention raised by the deft. is regarding territorial jurisdiction to try and entertain the suit. Deft. contends that this Court is not having territorial jurisdiction to try and entertain the suit.
3. In para no.16 of the plaint, it is contended that plaintiff\''s office is situated at Carnac Bunder, Mumbai. Transaction took place at Carnac Bunder, Mumbai. Amount was payable at Carnac Bunder, Mumbai. In para no.1 of the plaint, it is specifically pleaded that plaintiff does its business from the address mentioned in the title clause of the plaint. Thus, as per avernments made in the plaint, part of the cause of action took place within the jurisdiction of this Court. Therefore, as per section 20(c) of the Code of Civil Procedure, this Court is having territorial jurisdiction to try and entertain the suit.
4. Deft. further contends that suit is not based upon any of the classes mentioned in Order 37(1)(2) of C.P.C. Hon\''ble Bombay High Court in case of Jatin Koticha V/s. VFC Industries Pvt. Ltd., 2008 (2) Bom.CR 155 pleased to held that suit based upon invoices can be treated as a suit based on the written contract and therefore, such suit can be termed as the summary suit under Order 37 Rule (1)(2) of C.P.C. Present suit is based upon invoices coupled with acceptance of delivery of goods. Therefore, it can be termed as suit based upon written contract.
5. From all above discussion, it is held that both the grounds raised by the deft. regarding territorial jurisdiction and maintainability of the summary suit are devoid of merits. Therefore, present N/M deserves to be dismissed. Hence, following order.
ORDER
1. N/M No.1877/2021 is dismissed.
2. No order as to costs.
3. N/M No.1877/2021 is disposed of accordingly.
The matter is adjd for hearing on S/J to 07.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Mahadev Pawar for plaintiff present.
Adv. Vivek Dubey for deft. present.
Both the parties are directed to argue on S/J on next date without fail.
By consent, the matter is adjd for hearing on S/J to 04.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None for plaintiff.
Adv. Vivek Dubey for deft. present.
On oral request of Adv. For deft., the matter is adjd for hearing on S/J to 07.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Yuvraj Patil along with Adv. Mukesh Dongarge for plaintiff present.
Adv. Bharat Kothari for defts. present.
Heard both sides on S/J No.51/20.
The matter is adjd for order on S/J No.51/20 to 15.01.2022.
Next Purpose: ORDER
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None present
F.R.S.R. the following order is passed -
ORDER
1. Defendants shall deposit a sum of Rs.8,00,000/- (Rs. Eight Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendants are granted leave to defend the suit and they 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 defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendants.
3. There shall be no order as to costs.
4. S/J No. 51/2020 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 15-01-2022