Neelamben Jayantilal JainVsJitendra C. Jain

Date: 15-03-2021
Business: Matter pertaining to C.R. No. 14
Adv Minal Parab for defendant present.
Ld adv for defendant submits that writ of summons are served to the defendant on 03-03-2021. She also states that on 13-03-2021 there was 2nd Saturday to the court and it was holiday. Therefore, defendant did not file V/N on 13-03-2021.
Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per the said provision the defendant may at any time within 10 days of service enter an appearance either in person or by leader and, in either case, he shall file in court an address for service of notices on him.
Hence, appearance of defendant is within 10 days from the date of service of writ of summon. Hence, V/N can be t.o.r.
Ex.02   Ld Adv for defendant filed V/N t.o.r. O- Seen and filed.
Matter adjd for affidavit of service to 22-04-2021.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 05/08/2021.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of service, Exh.3 t.o.r.
Matter adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
Plaintiff absent. Summons for judgment is not filed. Keep for order against plaintiff on 13.10.2021.
Next Purpose: ORDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
KB
LO at 12.00 p.m.
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff requested for time, matter is already in caption of order as the plaintiff has failed to file SJ. Hence, keep in the same caption.
Matter adjd to 23.10.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.20 pm,
Adv.Vaishali Chavan h/f.Adv.Ramesh Jain for plaintiff present.
None present for defendant.
The h/f.advocate for the plaintiff submits that the advocate on record is not feeling well, hence, adjourned.
Matter adjd to 23.11.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
On oral request of plaintiff, matter adjd to 03.12.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: ORDER
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 07.02.2022 for Order against the plaintiff for non filing of Summons for Judgment.
Later on at 11.55a.m.
Adv Ramesh Jain for plff present and filed draft Summons for Judgment along with affidavit in support t.o.r. Order : Leave granted to register.
Adjd on 07.02.2022 for Service affidavit in Summons for Judgment.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant present. She requested time to file reply. Defendant to take necessary steps for filing reply.
Matter adjd to 11.03.2022 for order against deft in SJ/service affidavit in SJ by the pltff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.07 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
KB
LO at 03.09 pm,
Adv.Minal Parab for defendant present.
Adv.of defendant filed draft notice of motion (for condonation of delay to file leave to defend) a/w. affidavit in support and leave to defend. NM and affidavit is t.o.r. O-Leave granted to register draft notice of motion.
Copies of draft NM a/w. affidavit and leave to defend are kept on record for furnishing it to the plaintiff.
Heard Adv.for defendant on draft NM.
KB
LO at 04.04 pm,
Adv.Ramesh Jain for plaintiff present.
Copies of draft NM a/w. affidavit and leave to defend are received by plaintiff.
The plaintiff filed handwritten reply on notice of motion itself.
Heard Adv.for plaintiff on draft NM.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER
1.Notice of Motion is allowed.
2.Delay in filing leave to defend by the defendant is condoned.
3. Leave to defend filed by the defendant is taken on record.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
In view of above order leave to defend is taken on record and marked as Exh.4.
Matter adjd to 31.03.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.55 am,
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff tendered registered SJ 30/2022 a/w. affidavit t.o.r.
The plaintiff wants to file rejoinder in SJ.
Matter adjd to 16.04.2022 for filing rejoinder and hearing in SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Ramesh Jain present for plff.
Adv. Minal Parab present for deft.
Adv of both parties submitted to refer the matter for mediation and signed mediation referral form.
Ex.05- Mediation referred order passed.
Adj. To Mediation report on 25/07/2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant Nos.1 and 2 present.
F.R.S.R following order is passed.
ORDER
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this suit to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 26/08/2022.
iii) Case is adjourned for assignment of court to 26/08/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None present.
Matter Adjd for appearance on 31/10/2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: None present.
Matter Adjd for appearance on 20/12/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: None present.
Matter Adjd for appearance on 04/03/2023.
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: P. O. is on leave
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: P.O. is on leave
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: P.O.is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: P.O. is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: P.O. is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Court is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is Vacant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: P.O is on Training.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 18.11.2024  for appearance  .
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: None present.
Matter is adjourned to 05.02.2025 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 08.05.2025 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: None present.
Matter is adjourned to 05.08.2025 for Appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 20.09.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Adv. Madhuri Shirke for plaintiff present and filed original documents taken on record and marked as Exh.05.
Order - Production allowed.
Matter is adjourned to 09.12.2025 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 28.01.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 07.05.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjourned to 06.07.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: None for plaintiff. None for defendant.
Due to heavy rains public transportation is affected. It appears due to severe weather condition parties and advocates are not before this court. Hence, matter is adjourned.
Plaintiff shall argue SJ on next date without fail.
Matter is adjourned to 10.08.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: Adv. Madhuri Shirke for plaintiff present.
None for defendant.
Parties are directed to argue on SJ on next date without fail.
Matter is adjourned to 28.09.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-09-2026

SUMMONS FOR JUDGT/100030/2022
NOTICE OF MOTION/100950/2022

Registration Number: 100663/2022
Transfer Date: 28-05-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100663/2022
Transfer Date: 06-08-2022
From Court: 32 - COURT 32 ADDL  SESSIONS JUDGE
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 100663/2022
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 103825/2020
Filing Date: 18-06-2020
First Hearing Date: 15th March 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE