Date: 19-01-2021
Business: Matter pertains to court room no. 59
BY PRECIPE. O- Allowed to take on today board
Adv. Neel Gala for defendant present.
In the precipe adv. For defendant has stated the defendant has received the writ of summons on 15/01/2021.
Exh- 5 Adv. Neel Gala filed Vakalatnama on behalf of defendant. t.o.r. O- Read and recorded.
The defendant is directed to inform the plaintiff their appearance in the suit.
Already adjd to 02.03.2021.
Next Purpose: REPORT
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: NOB TOB BY PRECIPEE
Adv. Niranjan Parikh for plff. Present.
Adv. For the plff. Filed taken on board.
Order - Allowed.
Adv. For the plff. Tendered draft S/J @ affidavit in support.
Order - Leave granted to register.
Matter is already adjd to 02.03.2021.
Next Purpose: REPORT
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Matter pertains to court room no. 59
NOB TOB
BY PRECIPE. O- Allowed to take on today board
Adv. Neel Gala and Adv. Unnatti Gandhi for defendant present.
Adv. For the deft. Filed reply. t.o.r.
Defendant to server the copy of the reply/ leave to defend to the plaintiff.
Matter already adjd to 02.03.2021.
Next Purpose: REPORT
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mr. N. C. Parekh a/w Mr. Nirav J. Marjadi for the plff. Present.
Adv. Neel Gala for the deft. Present.
Adv. For the plff. tendered original registered S/J No. 15/2021 @ affidavit in support.
He also filed rejoinder to the affidavit in reply of S/J. t.o.r.
Adv. for the plff. Filed draft N/M @ affidavit in support.
Order - leave granted to register.
N/M copy given to the defendant.
Matter is adjd to 19.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Matter pertains to Court Room No. 59
BY PRECIPE. O-Allowed to take on today board.
Adv. Mr. Parekh along with Adv. N.J. Marjadi for plaintiff present and filed original Notice of motion No. 641/21 along with affidavit in support. t.o.r.
Adv. Mr. Ojha I/b Adv. Neel Gala for defendant present filed reply to NM No. 641/21. t.o.r.
Adv. For plaintiff requested for status quo order in respect of the properties of the defendant. The reply is filed by defendant so it will be proper to hear the notice of motion on merits.
Matter is adjd for NM hearing to 20/03/2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mr. Parekh along with Adv. N.J. Marjadi for the plff present.
Adv. Banrji for the deft present.
Matter is adjd to 24.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Nirav Marjadi for the plff present.
Adv. Banrji for the deft present.
Matter is adjd to 05.04.2021 for S/J hearing at 12.30 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Niranjan Parekh for the plff present.
Adv. Neel Gala 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 15.06.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Plaintiff absent.
Defendant & his advocate are absent.
Adv. Niranjan Parekh with Mr. Nirav Marjadi for plff present.
Matter is adjd to 23.08.2021 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Court is Vacant.
Matter is adjd to 05.10.2021 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Neeranjan Parekh for plaintiff present.
Adv Tushar Nagvekar for defendant present.
Heard adv for plff on SJ.
Junior adv for defendant submitted that his senior is held up in another court. Hence short adjournment may be granted. Request is considered.
Matter is adjd to 08.12.2021 for hearing of defendant on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Bhat for plaintiff present.
Adv Neel Gala for defendant present.
Matter is adjd to 20.12.2021 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Plaintiff and defendant absent.
Adv. Jeet Jain for plaintiff is present.
Matter is adjd for SJ hearing to 07.02.2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshker matter adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Bhat with Mr. Parekh for Plaintiff present.
Adv. Mr. Pritesh Parmar for Defendant present. At the request of advocate for the Defendant matter adjourned to 17/08/2022 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. for Plaintiff present.
Adv. Neel Gala for the defendant present, filed reply on Notice of Motion no.641 of 2021.
Heard both the sides on SJ 15 of 2021
FRSR following order is passed-
ORDER
1. Summons for Judgment No.15/2021 stands rejected with costs.
2. Conditional leave to defend is granted to the defendant subject to depositing an amount of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) before this Court within four weeks from the date of this order.
3. On depositing amount, same be invested in F.D. as per rules.
4. On compliance of aforesaid condition, defendant would be at liberty to file written statement within four weeks thereafter.
5. Failure to deposit the amount within the aforesaid time would entail rejection of leave to defend.
6. On filing Written Statement, suit be registered as long cause, as per rules.
7. Summons for Judgment No.15/2021 is disposed off accordingly.
Matter adjourned to 16.09.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Parekh for plaintiff present.
Adv. Pritesh Parmar for defendant present.
Adv. for defendant submits that a weeks time be granted to comply the order. Advocate for plaintiff objects the same.
Already order is passed by this Court. Defendant is bound to comply the same.
Matter adjd. to 04.10.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv.N.C.Parekh a/w Adv.Veer Ashar i/b Mansukhlal Hiralal and company for plaintiff present.
Adv.Pritesh Parmar i/b Neel a Gala for defendant present.
Defendant failed to deposit the amount as directed by this court by order dated 17/08/2022.
As such leave to defendants stands rejected.
Put the matter for further consideration on 11/11/2022.
Matter is adj to 11/11/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: As Court is busy in dictating Judgment in SJ No.235 of 2016, matter is adj to 04/01/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Plaintiff and his Adv.N.C.Parekh are present.
None for defendant.
Adv. for plaintiff not pressed the Notice of Motion No.641/2021 and as such same is disposed of.
Admittedly, defendant has not complied order of conditional leave of this court dated 17/08/2022, therefore, suit to proceed ex-parte.
Adv. for plaintiff seeks time to file original documents and claim affidavit. Time granted.
Matter is adj to 01/03/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv.Sayali Puri i/b Mansukhlal Hiralal and Company for plaintiff present. She seeks time to adduce ex-parte evidence. Time granted.
Adv.Pritesh A.Parmar i/b Adv.Neel A.Gala for defendant present. SJ order is not complied hence, suit is proceeding ex-parte.
Matter is adj to 15/06/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Sayali Nair I/b Mansukhlal Hiralal for plaintiff present and seeks adjournment for leading evidence.
Matter is adj to 18.09.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff in person present.
Adv. Niranjan. C. Parekh with Adv. Sayali Puri with Adv. Malika Lalwani i/b Mansukhlala Hiralal and Co. for plaintiff present and filed claim affidavit, compilation of documents and evidence close pursis. TOR. They are marked as Exh-6, 7 and 8 respectively.
Matter is adj to 01.11.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff is present.
Adv. Niranjan Parekh with Adv. Sayali Puri Nair i/b Mansukhlal Hiralal and Co. for plaintiff is present.
Matter is adj to 28.11.2023 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff in person is present.
Adv. Mohammed Lokhandwala i/b mansukhlala Hiralal and Co. for plaintiff is present.
Matter is adj to 11.01.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2024
Date: 11-01-2024
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 12.28 pm
Adv. Daksha Kasekar i/b Mansukhlal Hiralal and Co. for plaintiff is present and requested for adjournment for ex-parte arguments.
Matter is adj to 23.01.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Keep back.
Later on at 2.45 pm.
Plaintiff in person is present.
Adv Niranjan Parekh with Adv. Sayali Puri Nair i/b Mansukhlal Hiralal and Co. for the plaintiff is present.
Heard counsel for the plaintiff on admission and denial of documents.
Documents at Sr. No.1, 2, 4 and 5 are original documents. Documents at Sr. No. 3, 6 and 7 are office copies of notice issued by the plaintiff. Document at Sr. No.9 is xerox copy. Hence, it cannot be marked as exhibit. Other documents are exhibited.
Exh-9 Promissory Note dated 02.03.2012.
Exh-10 Promissory Note dated 21.10.2013.
Exh-11 Office copy of Legal notice dated 18.12.2019 and postal A. D. card.
Exh-12 Reply dated 13.01.2020 given by the defendant.
Exh-13 Office copy of notice dated 27.01.2020.
Exh-14 Office copy of notice dated 12.02.2020.
Counsel for the plaintiff is already filed evidence close pursis at Exh-8.
Matter is adj to 13.02.2024 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ms. Sayali Puri Nair i/b. Mansukhlal Hiralal and Co. for plaintiff is present.
Judgment is marked as Exh-15.
FRSR following order is passed
Order
1.Summary Suit No.22 of 2021 is hereby decreed with the costs.
2.The defendant shall pay an amount of Rs. 36,23,750/- (Rupees Thirty Six Lakhs Twenty Three Thousand Seven Hundred Fifty only) to the plaintiff.
3.The defendant shall pay to the plaintiff simple interest on Rs. 25,00,000/- at the rate of 6 percent per annum from 18/03/2020, the date of filing of suit till its full realization.
4.The plaintiff may be entitled to get refund the court-fees paid, if provided for in Rules.
5.The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-02-2024