Mr. Nitin Talakshi ChhedaVsM/s. Shah Investment Corporation +2 more

Date: 27-09-2021
Business: None present.
Matter adjd for report to 14-12-2021.
Next Purpose: REPORT
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. Vaishali Sharma for plaintiff present.
None present for defendant.
On oral request by Adv. for plaintiff time extended for filing service affidavit.
Matter Adjd for report on 24/02/2022.
Next Purpose: REPORT
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None present for plaintiff
Representative for defendant present.
Later on at 11.39 am.
Adv. Vaishali Sharma for plaintiff present.
Matter Adjd for service affidavit on 19/04/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: By Praecipe
None present for plaintiff
Adv. Shaikh for defendant present.
Exh. 03 - Application for taking matter on today board. O-Allowed.
Ld. Adv. for defendant filed vakalatnama. TOR. O-Put up for consideration.
Matter already Adjd for consideration on 19/04/2022.
Next Purpose: CONSIDERATION
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None present for plaintiff.
Adv. Gayatri Trivedi for defendant present.
Later on at 11.38 am.
Adv. Vaishali Sharma for plaintiff present.
Matter Adjd for service affidavit/consideration of vakalatnama on 12/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present for plaintiff.
Adv. Darpan Jain for defendant present.
Kb...
Later on at 11.25 am.
Adv. Vaishali Sharma for plaintiff present.
Exh.04 - Service affidavit. O-seen.
Draft Summons for Judgment alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Summons for Judgment.
Matter Adjd for tendering original registered SJ and service affidavit on 19/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: By Praecipe
None present for plaintiff.
Adv. Darpan Jain for defendants present.
Exh.05 - Application for taking matter on today\''s board. O-Allowed.
Ld. Adv. for defendant no.1 filed SJ reply. TOR.
Defendant to serve the copy of SJ reply to plaintiff before next date.
Matter already Adjd for SJ Hearing on 19/12/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Vaishali Sharma for plaintiff present.
Adv. Darpan Jain for defendant present.
Ld. Adv. for plaintiff tendered original registered SJ No.360/22.
Copy of SJ reply supplied to Adv for plaintiff today in court.
Matter Adjd for SJ hearing on 20/02/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Adv. Vaishali Sharma for plaintiff present.
Adv. Jain for defendant present.
Ld. Adv. for plaintiff filed rejoinder to SJ. TOR.
Copy of rejoinder supplied to Adv for defendant today in court.
Ld. Adv. for plaintiff sought time for SJ Hearing.
Matter Adjd for SJ Hearing on 05/04/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present for plaintiff.
Adv. Kunal Patel for defendant present.
Time sought. Time granted.
Matter Adjd for SJ Hearing on 21/06/2023.
Later on at 03.14 pm.
Adv. Vaishali Sharma for plaintiff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: P. O. is on Training.
Hence, Matter is Adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Both parties are absent when called.
Adv. Vaishali Sharma for plaintiff is present.
Advocate  for defendant absent.
Matter Adjd for S/J hearing to 09.10.2023.
L.O. at 04.05 p.m.
Adv. Darpan Jain for defendant is present.
Matter already adjd for S/J hearing to 09.10.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: P.O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: P. O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: As court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: P.O is on Training
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Adv. Vaishali Sharma for plaintiff present.
Matter is adjourned to 08.10.2024 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Adv. Vaishali Sharma for plaintiff present.
None for defendant present.
Matter is adjourned to 12.12.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: P.O is on Leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: Adv. Vaishali Sharma for plaintiff present.
Adv. Darpan Jain a/w Adv. Prabhakar Dubey  for defendant present.
Heard argument on SJ 260/22 both the sides.
ORDER ON SJ 360/22
Heard Adv. Sharma and Adv. Jain, the respective advocates for the parties. Gone through the plaint. The case of the plaintiff is based on the promissory note dt.10.10.2013 of Rs.2,00,000/- executed by defendant which was to be repaid on demand. Till March-2018 defendant paid interest. On demand being made, defendant failed to pay the amount.  Legal notice dt.27.02.2021 was issued and on failure pay the amount  led to filing of the suit in which present SJ with prayer to make absolute is made. By filing reply the same is objected on the ground that on receipt of the legal notice dt. 27.02.2021. The matter was amicably settled wherein, a cheque of Rs.2,00,000/- was given, which fact is suppressed. Due to Covid the cheque was dishonoured for which complaint U/sec.138 of NI Act was filed plaintiff in M.M. Court 27, Mulund. It was settled by way of compromise on 06.01.2022 wherein, Rs.2,00,000/- was paid. However, inspite of it, the present suit is not withdrawn. Hence, unconditional leave to defend is prayed. By filing rejoinder it claimed that the compromise was only pertaining to the cheque amount and not interest which is claimed.
          In view of the pleadings and the arguments advanced, the factum of execution of promissory note is not in dispute. The defendants are claiming that entire amount was paid towards full and final settlement. Perusal of the order dt.24.01.2022 passed by M. M. Court No.27, Mulund below Exh.1 reveals in view of the compromise between the parties, the C.C.No.391/SS/2021 between plaintiff and defendant was disposed of. On query raised with Adv. Sharma about the same, she conceded at bar that after filing the present suit, complaint U/sec. 138 of N. I Act was filed in respect of the promissory note which was compromised. However, according to her in the SJ only recovery of interest of Rs.1,13,000/- is prayed and not the principal amount of Rs.2,00,000/-. On this point Adv. Jain submitted that while compromising the compliant U/sec. 138 of N.I. Act, it was agreed that it was full and final settlement amount.
       However, I am not impressed with the said submission, because in the order below Exh.1 passed by the Ld. M.M, there is no any reference of the present Summary Suit. Any how, the documents filed on record and the submissions made by both the advocates it is crystal clear that, plaintiff received an amount of Rs.2,00,000/-. However, Adv. Sharma claimed that interest will have to paid and she is not pressing the principal amount. In view of the said submission, the dispute remains as to the rate of interest which plaintiff is claiming 15 percent p.a. Thus from the said discussion, I am of the view that defendant has made out a valid ground of defence as to whether the complaint U/sec. 138 of N.I. Act was withdrawn as full and final settlement. The same will require evidence from both the sides. Therefore, as now the issue pertains to point of interest, therefore, I am of the view that unconditional leave to defend is necessary to be granted to the defendants. In the result I proceed to pass following order -
ORDER
1.Unconditional leave is granted to defendants to defend the suit.
2.The defendants to file their written statement within two months.
3.The Summons for Judgment No.360 of 2022 is disposed off accordingly.
4. Parties to bear their own costs.
Matter is adjourned to 11.04.2025 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: Adv. Rakesh Agarwal for defendant present and sought time to file written statement . Order - Time granted till 08.05.2025
Matter is adjourned to 08.05.2025 for Written statement.
Later on
Adv. Vaishali Sharma for plaintiff present.
Matter is adjourned to 08.05.2025 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Vaishali Sharma for plaintiff present
Adv. Gayatri Trivedi for defendants present and filed written statement taken on record and marked as Exh.06 Order - Read and recorded.
Copy of written statement supplied to Adv. Sharma.
Matter is adjourned to 22.07.2025 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: Adv. Vaishali Sharma for plaintiff present.
Exh.07 - Issues.
Sr.                   ISSUES
1. Do defendants prove cheque No.100593 dt.09.03.2021 of Rs.2,00,000/- was given to plaintiff towards full and final settlement  of the complaint filed in M. M Court No.27, Mulund, Mumbai
2. Do defendants prove in view of the full and final settlement of amount, the plaintiff withdraw the CC No.391/SS/2021 filed against them
3.Is the suit within limitation
4. Is plaintiff entitled for recovery of an amount of Rs.2,85,000/- with 15 percent p.a
5. What order and decree
Matter is adjourned to 03.11.2025 for Witness list.
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: Adv. Vaishali Sharma for plaintiff present and filed list of witness taken on record and marked as Exh.08. Order - Seen. Other side to note.
Adv. Sandip Nirban for defendant present through VC.
Matter is adjourned to 05.01.2026 for Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: First session P.O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Adv. Vaishali Sharma for plaintiff present and filed draft Ch.s along with supporting affidavit. TOR. Order - Leave granted to register Ch.s.
Adv. Darpan Jain h/f Adv. Rakesh Agarwal for defendant present through VC.
Matter is adjourned to 12.06.2026 for Ch/s/Service.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: None for plaintiff. None for defendant.
Plaintiff yet not tendered registered ch/s. Though it was collected on 24.03.2026.
Matter is adjourned to 18.07.2026 for Tendering registered Ch/s.
Later on at 3.00 pm
Adv. S. S. Mohanty i/b Harkchand and Co for plaintiff present.
Adv for Plaintiff  filed register Ch/sum No.1037/2026 taken on record.
Exh.09  -   Service affidavit in respect of Ch/s filed by plaintiff.
Matter is adjourned to 18.07.2026 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: Adv. S. S. Monty i/b Harakchand and Co for plaintiff is present.
Adv. Darpan Jain for defendant is present through VC.
On oral request of Adv. for  defendant time is granted for filing reply to Ch.s as a last chance.
Matter is adjourned to 21.08.2026 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Adv. S. S. Mohanty i/b Harakchand and Co. for plaintiff is present.
Adv. Darpan Jain for defendant is present.
Adv. for defendant requested for time to file reply on Ch.s. On cost of Rs.2,000/- payable to plaintiff on or before next date, time is granted to file reply on Ch.s.
Matter is adjourned to 09.10.2026 for Compliance by defendant and reply on Ch.s.
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2026

SUMMONS FOR JUDGT/100360/2022
CHAMBER SUMMONS/101037/2026

Registration Number: 100550/2021
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 103498/2021
Filing Date: 31-03-2021
First Hearing Date: 27th September 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE