Date: 09-07-2018
Business: Adv. Lakhani for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed affidavit of service, Tor.
Matter is adjd. to 26/10/2018 for Steps against defendant no.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Matter transferred from Cr. no.28.
Adv. Ms. Patekar Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to filing service affidavit. Granted.
Adj. For Affidavit of service on 07/12/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv for plaintiff Mr. lakhani present
He sort time for service of notice of deft No.2
Granted
Matter is adjourn for Service of Notice for steps against deft No.02
on 11/01/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv for plff. Ms. Patekar present
She filed application for issuing fresh summons to deft no. 2
Order
Application Granted
Matter is Adjd for Service on 13/02/2019
Next Purpose: SERVICE
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: None present
Matter is Adjd for Affidavit of Service on 27/03/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Matter transferred from Cr. no.09.
Both parties and their counsel absent.
R and P not received from Cr.no.09.
Adj. For Service affidavit on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: None present for
Matter adjd for affidavit of service 19.09.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O.is on leave. Board is discharged....
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: None present.
Matter adj for Service to 26/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sudhakar Lakhani for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 03.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Plaintiff present.
Adv for lakhani for plaintiff\''s present.
Defendant and hid adv are absent
Matter is adjd to 31.03.2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sudhakar Lakhani for the plff present.
Matter is adjd to 05.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 18.08.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sudhakar Lakhani for the plff present.
Matter is adjd to 21.09.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv Madhuri Lakhni for plaintiff present.
Matter is adjd for service on 18-04-2022
Next Purpose: SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: SERVICE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: As Court busy in admission/denial in Suit Nos.3886/2012, 3932/2012, 3934/2012, 3936/2012 and 3939/2012 and argument of issues in Suit Nos.6868/2001 and 264/2015, hence, board is discharged.
Matter adjourned to 10.10.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. for plaintiff present. She filed application Exh- for issuance of writ of summons on fresh address. Order-Issue writ of summons accordingly returnable on 23/12/2022.
Matter is adj to 23/12/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Advocate Nitin Thakur for plaintiff submits that defendant no.1 is served and he needs more time to serve defendant no.2. Time granted.
Matter is adj to 10/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Matter called out at 1.42pm
None for plaintiff.
Matter is kept back.
Matter called out at 5.02pm
None for plaintiff.
Matter is adj to 03/05/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in dictating judgment in Sessions Case No.571 of 2020 and Suit No.8098 of 2001, remaining first session board is discharged. Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Adv.Sudhakar G.Lakhani for plaintiff present.
None for defendant.
Matter is adj to 10/08/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prasad Pawaskar i/b Adv. Sudhakar Lakhani for plaintiff is present and prayed for adjournment. Adjournment is granted subject to costs of Rs.500/- payable to DLSA.
Matter is adj to 10.11.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prasad Pawaskar i/b Sudhakar Lakhani for plaintiff is present and filed application for not proceeding against defendant No.2.
It is marked as Exh-3.
Order below Exh-1 and 3
Perused the application. Heard the counsel for the plaintiff. He submits that the plaintiff does not want to proceed against defendant No. 2. Hence, suit is dismissed against defendant No. 2.
Counsel for the plaintiff filed pursis about payment of costs of Rs.500/- as per order dated 10.08.2023 along with receipt. TOR. It is marked as Exh-4.
Order below Exh-1
The Ld. Counsel for the plaintiff prayed for passing ex-parte order against defendant No.1 with the submission that the defendant No.1 is already served with the writ of summons and filed service affidavit to that effect on 09.07.2018. It is appearing that the writ of summons was sent to defendant No. 1 by RPAD received with the cryptic remark of the Postal Department refused. Below the said remark, identity of the person making the said remark is not disclosed. The said remark is not signed. Authenticity of said remark is doubtful. Therefore, it cannot be inferred that the writ of summons is duly served. Thus, the service as against defendant No.1 is incomplete.
Issue fresh writ of summons to defendant No.1. The plaintiff to lodge writ of summons to office within 15 days, after excluding the the period of Diwali Vacation.
Matter is adj to 27.02.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Court is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Lakahni for plaintiff is present and filed filed affidavit of service. Taken on record. It is marked as Exh-5.
Heard counsel for plaintiff on Exh-5.
Matter is adj to 13.06.2024 for order on Exh-5.
Next Purpose: ORDER
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Order below Exh-1
On perusing affidavit of service at Exh-5, it appears that writ of summons issued to the defendant No.1 through RPAD, is served on defendant No.1 on 07.12.2023, as per A. D. card. The defendant No.1 failed to appear. Hence, matter be proceeded ex-parte against the defendant No.1
Matter is adj to 16.07.2024 for filing original documents and ex-parte evidence..
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Lakhani for plaintiff is present and filed draft Chamber Summons along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 26.08.2024 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present and filed registered Chamber summons No.1745/24 along with affidavit in support.
Heard counsel for plaintiff on Chamber summons
Order on CS No.1745/24
Perused chamber summons and affidavit in support thereof. It is the contention of the plaintiff that suit is filed for recovery of amount against defendant in the month of March 2018. Further, during pendancy of suit, name of plaintiff firm changed from Chetana Book Depot to Chetana Publications (India) LLP and from Chetana Publications (India) LLP to Chetana Education LLP on 20.10.2021. The plaintiff has filed photocopy of Certificate of Incorporation to support his contention at Exh-1 to 3. Thus, it appears that name of plaintiff firm has been changed during pendancy of suit. Therefore, it is necessary to amend the name of plaintiff firm, as per schedule annexed to Chamber summons. If Chamber summons is allowed and plaintiff carries out proposed amendment, no prejudice will cause to the defendant nor nature of suit will change. Hence, considering facts and circumstances of the case, it is necessary to allow proposed amendment. Hence, I proceed to pass following order-
Order
1. Chamber summons No.1745 of 2024 is hereby allowed.
2. The plaintiff is directed to carry out proposed amendment, as per schedule annexed to the chamber summons within 14 days.
3. The plaintiff is directed to file amended copy of the plaint and supply it to the defendant.
4. Chamber summons No.1745 of 2024 is disposed of accordingly.
Matter is adj to 16.12.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: Adv. Gaurav Gupta for plaintiff is present and filed amended copy of Plaint. Taken on record.
Matter is adj to 29/01/2025
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Lakhani for plaintiff is present and requested for adjournment filing ex-parte evidence. Adjournment is granted.
Matter is adj to 04.03.2025 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 16.04.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Lakhani for plaintiff is present and filed evidence of affidavit and documents along with list. TOR and marked as Exh. 06, O- R & R. and 07, O- Filed.
Representative of plaintiff Shaji John is present.
Matter is adj to 02-05-2025 for hearing on exhibiting documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: Adv. Madhuri Lakhani for plaintiff is present.
Matter is adj to 30.06.2025 for hearing on exhibiting documents.
Next Purpose: HEARING
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to argue on the exhibiting the document.
Matter is adj to 21.07.2025 for hearing on exhibiting documents.
Later on at 12.30 pm
Adv. Madhuri Lakhani for plaintiff is present.
Matter is adj to 21.07.2025 for hearing on exhibiting documents
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 05.08.2025 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-08-2025
Date: 05-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.57 pm
Adv. Madhuri Lakhani for plaintiff is present.
Perused documents filed by plaintiff vide list Exh-7. Though, documents are office copies and originals. However, documents are not properly referred on evidence on affidavit as provisions of Indian Evidence Act. Therefore, documents cannot be marked as exhibits.
Matter is adj to 29.08.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2025
Date: 29-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 26.09.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kumbhar for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 04.11.2025 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Lakhani for plaintiff is present through video conference and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 21.11.2025 for hearing on exhibiting documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 22.12.2025 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.12 pm
Adv. Sudhakar Lakhani for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 21.01.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Shaji John, Age-58 years, Service, Bhayandar, representative of plaintiff is present.
Adv. Sandeep Kumbhar h/f Adv. Sudharkar Lakhani for plaintiff is present and filed an application for production of additional evidence and additional documents. TOR and marked as Exh-8.
Order below Exh-8
Perused application and record. Heard Ld. Counsel for plaintiff. It is submitted that plaintiff has not properly referred documents in earlier evidence on affidavit and therefore, he wants to file additional evidence on affidavit and additional documents. Hence, considering the facts and circumstances of case and in the interest of justice, I am of the view that it is necessary to allow the application. Hence, I proceed to pass following order-
Order
1. Application at Exh-8 is hereby allowed.
2. Additional evidence and additional documents filed by plaintiff be taken on record.
Exh-6A Additional evidence on affidavit.
Exh-7A Additional list of documents.
Perused documents filed by plaintiff vide list Exh-7 and 7A. Document at Sr. No.1 is verified copy, document at Sr. No.2 to 4 are office copies, document at Sr. No.2 is extract of ledger account are supported by certificate u/s 65B(4) of Indian Evidence Act filed vide application at Exh-7A. Hence, these documents are marked as Exhibits.
Exh-9 Copy of Resolution verified from original.
Exh-10 Office copy of Invoice No. 14169.01 dated 27.06.2016.
Exh-11 Office copy of Invoice No. 14169.02 dated 28.06.2016
Exh-12(colly) Office copy of notice dated 17.10.2017 along with two postal receipt and two returned envelope with A. D. Card.
Exh-13(colly) Extract of ledger account are supported by certificate u/s 65B(4) of Indian Evidence Act.
Matter is adj to 29.01.2026 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present and filed evidence close pursis. TOR and marked as Exh-14.
Matter is adj to 05.02.2026 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2026
Date: 05-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present.
Heard ex-parte argument of advocate for plaintiff
Matter is adj to 23.02.2026 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-02-2026
Date: 23-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sudhakar Lakhani for plaintiff is present.
No further argument
Ex-parte judgment is marked as Exh-15
FRSR following order is passed
Order
1The Summary Suit No. 505 of 2018 is dismissed.
2No order as to costs.
3The decree shall be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 23-02-2026