Kantilal Kothari HUFVsOrbit Constructions +1 more

Date: 18-06-2018
Business: PO is on leave.
Next Purpose: REPORT
Next Hearing Date: 31-08-2018

Date: 31-08-2018
Business: Adv. Ketki Prajapati for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Advocate for plaintiff has filed affidavit of service, TOR.
Matter is adjd. to 14/11/2018 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Adv. Vora for Plaintiff present.
None  for Defendant.
The defendant remain absent though served hence suit is proceeded exparte against defendant.
Advocate for defendant has filed compilation of document, TOR.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 06/12/2018 for filing claim affidavit.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 25/01/2019 for Evidence.
L.O
Adv. Kirti Prajapati for plaintiff present.
She has filed claim of affidavit, Tor.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv. Ketki for Plaintiff present.
Adv. Vina Khatri for Defendant present and filed vakalatnama for defendant no.1 and 2, TOR. Subject to confirmation.
Advocate for defendant has also filed two draft Notice of Motion alongwith affidavit, TOR.
Order Leave is granted to register the said Two Notice of Motion.
Matter is adjd. to 27/02/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Court is on leave. Hence matter is adj to 09/04/2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv for deft Ms.Khatri present
Adv for deft tendered registered N/M 464/19 and 463/19
Adv for deft stated that she has served N/M on plaintiff.
Matter is Adjd for N/M Hearing to 22/07/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv.N. P. Vora  for plaintiff present.
Adv.  b. C. khatri for defendant present.
Affidavit in reply filed by plaintiff to NM 463/19 and464/19.Rejoinders filed by defendant no. 1 and 2 for affidavit in reply.Adjd for hearing of NM No. 463/19 and 464/19 on19.8.2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adv. M.P. Vora for plaintiff present.
Adv. Ms. Khatre for deft. no. 1 and 2 present.
Heard both sides on NM.
KB for order
LO
F.R.S.R. following order is passed.
ORDER
Notice of motion disposed off
Adjd. to 11.10.2019 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Adv. Prajapati for plaintiff present.
Defendant has complied with the order of NM 469/19. Therefore VP is t.o.r.,
KB
LO
Exh.  - Application under order 30  rule 1 of CPC filed by plaintiff. t.o.r.
Adjd. to 22.10.2019 for say on Exh.
Next Purpose: REPLY
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: None for plaintiff.
Adv. Khatri for deft. Present.
Adjd. to 25.11.2019 for say on Exh.
LO
Adv. Prajapati for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. M.P.Vora for plaintiff.
Adv Khatri for defendant no 1.
The Ld Advocate for defendant no 1 requested for grant of time to file say on Ex.6 i.e. application seeking particulars of the partners. As a last chance time is granted. If on next date the defendant no 1 failed to file reply, the matter will proceed without reply of defendant no 1 without any reference or necessity of passing of any specific order to this effect. In case of filing of reply by defendant no 1, by consent, the same shall be served on the plaintiff in advance.
Adjd to 06.01.2020 for reply .
Next Purpose: REPLY
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Vora for plaintiff.
Adv. Khatri for defendant present.
Adv for defendant filed Ex.6A- Reply to Application Ex.6.
In view of reply the advocate for plaintiff submitted that the purpose of the application Ex.6 is served. In view of the said submission the Application Ex.6 is disposed as the plaintiff got the particulars as requested.
On the request of Adv for plaintiff matter is adjd to 17.02.2020 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. M.P. Vora for plaintiff
Adv. Khatri for defendant
Adv. for plaintiff filed draft Chamber summons @ affidavit @ affidavit of service of Ch/s. Leave granted to register.
The advocate for defendant submitted that she has no objection to allow the chamber summons.
Adjd for registration/Hearing of Ch/s to 31-03-2020
Next Purpose: HEARING
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Next Purpose: HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Adv. Ketki prajapati for plaintiff filed registered Ch/s 398/20 @ affidavit. Taken on record. Copy be served to other side.
Adjd for service to 28-01-2021
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Ketaki prajapati for plaintiff
Adv khatri for defendant
By consent adjd to 04-03-2021
Next Purpose: SERVICE
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Vora for plaintiff
Adv. Khatri for defendant
None for respondents in Ch/s 398/20.
Order on Ch/s 398/20-
As far as the defendants are concerned, the roznama dtd.17.02.2020 shows that the Adv for defendant submitted that she has no objection to allow the Ch/s. The record reveals that respondents No.1 and 2 are the partners. Despite service they did not come forward to resist the Ch/s. In any case apparently respondents No.1 and 2 are the partners. Resultantly, at this stage the amendment as prayed deserved to be allowed. Hence, the Ch/s 398/20 is allowed and permission is granted to the plaintiff to carry out the amendments as prayed vide the Ch/s.398/20.
Adjd for compliance to 24-06-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Adv Prajapati for plaintiff present.
Adv Khatri for defendant present.
On the request of Adv for plaintiff time  to carry out the amendment is extended till next date.
Adjd for compliance to 10-11-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None for plaintiff.
Adv. Ms. Khatri for defendant nos. 1 and 2 present.
Matter is adjd to 21/12/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Prajapati present  for plaintiff.
Adv. Khatri present for defendant no. 01 and 02.
By consent.
Matter adjourned for service to 08/02/22.
Next Purpose: SERVICE
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
Matter is adjd. to 05-04-2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: None for plaintiff.
Advocate Mrs. Khatri for defendant no. 1 and 2 present.
The advocate of defendant no. 2 filed reply to SJ.
Matter is adjd. for defendant no. 1 reply  to 12-07-2022.
Later on
Advocate Ms. Prajapati for plaintiff present.
She filed register SJ no. 143/2021 @ service affidavit of SJ. TOR
Next Purpose: REPLY
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Virthi Shah For Plaintiff present.
Adv. Khatri for all defendants present and filed V.P. on behalf of defendant nos. 3 and 4 is t.o.r. & marked as Exh. 08. O:- Be filed.
Adv. Khatri for defendant filed also filed reply on S.J. 143/21 of defendant nos. 1, 3 and 4 is t.o.r.
Adjd to 17/08/2022 for filing rejoinder to S.J.
                                                                                      	        Judge
Next Purpose: REJOINDER
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: As court is vacant
Next Purpose: REJOINDER
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: As court is vacant
Next Purpose: REJOINDER
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: As court is vacant
Next Purpose: REJOINDER
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: As court is vacant.
Next Purpose: REJOINDER
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv.Rawal Present  for plaintiff, tendered rejoinder defendant for no. 1 and 4 and defendant no. 2 and also defendant. No 3. TOR.
Adv. V.C. Khatu present for defendant.
Matter stands adjourned to  SJ hearing on 21-07-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: CORAM  H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR CR. 15
Adv. M. T. Vora present for plaintiff.
None present for defendant.
KB L.O. at 03.05 p.m.
Adv. M. T. Vora present for plaintiff.
Adv. Ms. Khatri for defendant.
Matter stands adjourned to 25.08.2023 for SJ hearing at 02.45
p.m.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: None present.
KB
L.O. at 3.08 pm.
Adv.Akansha Patil present plaintiff.
None present for defendant.
Matter stands adjourned SJ hearing on 02-09-2023 at  2.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: None present.
KB L.O. at 04.00 p.m.
None present.
Matter stands adjourned to  31/10/2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: None present.
KB
L.O. at 2.45 pm.
None present.
Matter stands adjourned for SJ hearing on 22-02-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: By praecipe Exh.9.
Adv. Akanksha Patil a/w Maulik Vora i/b Pramodkumar and Co. present for plaintiff, tendered citation TOR.
Adv. V.C. Khatri for defendant.
Heard both sides on Summons for Judgment, tendered citation TOR.
Matter stands adjourned for further argument on 28-02-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: None present.
F.R.S.R. following order is passed-
ORDER
1.Summons for Judgment No.143 of 2021 in Summary  Suit No.388 of 2018, is disposed of in terms of following order -
2.Leave is granted to defendant Nos.1, 3 and 4 to defend the suit subject to depositing in this Court a sum of Rs.25,00,000/- within a period of one month from the date of order by defendant Nos.1, 3 and 4, and shall file written statement within 30 days, thereafter.
3.After depositing the amount, the PLA Section is directed to invest the same into Fixed Deposit, till disposal of the suit or till further order.
4.If this conditional order of deposit is not complied within the stipulated period, as mentioned hereinabove, the plaintiff shall be entitled for an ex-parte decree against the defendants after obtaining a non-deposit certificate from the PLA Section.
5.Defendant No.2 is granted unconditional leave to defend.
6.Defendant No.2 is directed to file written statement within stipulated period from the date of this order.
7.Summons for judgment is disposed of accordingly.
             (Order dictated and pronounced in open Court)
Matter stands adjourned for compliance on 28-03-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Adv. M.P. Vora present  for plaintiff.
Adv. V.C. Khatri present for defendant.
Matter stands adjourned for compliance on 19-06-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: P. O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Adv. Akshata Pawar h/f Pramodkumar and Co. present for plaintiff. Seeking time. Time is granted.
Adv. V.C. Khatri present for defendant No.2, tendered original register Notice of Motion No.1876/24  TOR.
Heard both sides.
The defendant No.2 had taken out Notice of Motion for condonation of delay of 23 days in filing written statement.
It is contend that after passing Summons for Judgment the defendant NO.2 was granted for unconditional leave. However, there was conditional order against the defendant No.1,3 and 4.
The Settlement talks were in progress with the plaintiff, therefore, the defendant has abstained from filing written statement within 30 days. Therefore, the delay of 23 days has been caused and prayed for grant of Notice of Motion with condonation of delay.
The plaintiff tendered reply on the overleaf raising contention against the defendant and prayed for grant of costs.
It appears from the record that the defendant No.2 is claiming condonation of delay of 23 days and seeking permission to file written statement which is affirmed within 90 days. It is well settled that every matter should be decided on merit, considering the submissions, I am view of that the defendant No.2 deserves to be filed written statement, hence, I proceed to pass following order-
Order
1. Notice of Motion No.1876/24 stands allowed.
2. Delay stands condoned.
3. Defendant No.2 tendered written statement, hence, it be taken on record and marked as Exh.10.
4. Notice of Motion No. 1876/24 disposed off accordingly.
Matter stands adjourned for draft issues on 16-10-2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Akshata Pawar present for plaintiff, tendered application alongwith non-deposit certificate TOR marked as Exh.11-Colly.
Adv. V.C. Khatri present for defendants.
The defendant No.1,3 and 4 failed to comply the conditional orders passed in Summons for Judgment, hence, matter to proceed further.
The defendant want to raise the objection against the non-deposit certificate.
Matter stands adjourned for draft issues on 11-12-2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Adv.Akshata Pawar i/b Pramodkumar and Co. for plaintiff, tendered draft issues TOR marked as Exh.12.
Adv. V.C. Khatri present for defendant No.02, tendered draft issues TOR marked as Exh.13.
Heard both sides on framing of issues.
Issues are framed Exh.14.
Issues
1.Does the plaintiff prove that the defendant No.2 is the partner of
defendant No.1
2. Does the plaintiff prove that the defendant No.2 is liable to pay   the Amount of Rs. 25,00,000 /-  jointly and severally alongwith defendant No.1,3 and 4
3. Whether plaintiff is entitled to charge interest, if yes, at what rate
4.Whether the defendant No.2 is the partner of defendant No.1
5. Is the plaintiff entitle for the relief sought
6. What order and decree
Plaintiff is directed to file list of witness, evidence in chief as well
as documents as per list on next date.
Matter stands adjourned for R/E on 30-01-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: P. O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Adv. Akshata Pawar i/b M/s. Pramodkumar and Co. for plaintiff and submitted that they were move Ch/S for recasting issues.
Adv. V.C. Khatri for defendant.
Matter stands adjourned for recording evidence to 31.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: Adv. M.P. Vora  present for plaintiff through Video Conference. Seeking time to file the evidence. Time is granted as last chance.
Adv. V.C. Khatri  present for defendant.
Matter stands adjourned to 11-09-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: None present.
Kept back.
Later on at 12.25 pm.
Adv. Janhavee Joshi present for plaintiff through Video Conference.
None present for defendant.
Matter stands adjourned to 08-10-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: As the presiding officer is attending the official training at Uttan. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: None present.
Kept back.
Later on at 12.30 pm.
Adv. Akshata Kumar present for plaintiff. tendered affidavit of evidence TOR marked as Exh.15.
Witness is absent.
None present for defendant.
Matter stands adjourned to 09-01-2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: Adv. M.P. Vora present for plaintiff, tendered Draft Notice of Motion along with affidavit TOR.
O-Leave granted to register.
None present for defendant.
Matter stands adjourned to 09-03-2026 for R/E.
Later on at 4.00 pm.
Adv. Vaibhav Kamble i/b Veena Khatri  present for defendant.
Matter is already adjourned to 09-03-2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: As the court is busy in argument and Judgment in com. Suit No.646/24 i.e. Old High Court Suit No.1841/98 transferred from erstwhile C.R. No.32 commercial court. Hence, rest of the board is discharged. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2026

Date: 27-04-2026

Date: 18-07-2026
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2026

NOTICE OF MOTION/100464/2019
NOTICE OF MOTION/101876/2024
NOTICE OF MOTION/101397/2026
CHAMBER SUMMONS/100398/2020
SUMMONS FOR JUDGT/100143/2021
NOTICE OF MOTION/100463/2019

Registration Number: 100388/2018
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100388/2018
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100388/2018
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Registration Number: 100388/2018
Transfer Date: 18-07-2026
From Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE
To Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Filing Number: 103527/2018
Filing Date: 05-03-2018
First Hearing Date: 18th June 2018
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE