Vimalchand Bhoormal Huf - Vimalchand BhoormajiVsVipul D. Shah

Date: 02-03-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
He seeks time for filing affidavit of service.
Matter adjd for affidavit of service to 08-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present.
Matter adjd for affidavit of service to 23-07-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter adjd for service affidavit to 04.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Matter Adjd for service affidavit on 04/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
On oral request by advocate for plaintiff, issue fresh writ of summons.
Matter Adjd for service affidavit on 28/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None present.
Matter Adjd for service affidavit on 24/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Ramesh Jain  for plaintiff present.
None present for defendant.
Exh.02 - Service affidavit. O-seen.
Matter Adjd for ex-parte order on 01/10/2022.
Next Purpose: ORDER
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None present.
Order below Exh.01
Defendant duly served as per Exh.03, but he failed to appear. Hence to proceed ex-parte against him.
Matter Adjd for ex-parte evidence on 29/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: None present.
Matter Adjd for Ex-parte evidence on 31.01.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None present.
Matter Adjd for ex-parte evidence on 22/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: P.O. is on training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Both the parties are absent when called.
Adv. Ramesh jain for plaintiff is present.
Matter is fixed for ex-parte evidence. Ld. Counsel for advocate for the plaintiff sought time for filing affidavit. Granted.
Matter Adjd for ex-parte evidence to 29.09.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is Vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjourned to 12.08.2024 for Ex-evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 24.10.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 04.01.2025 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: P.O. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None present.
Matter is adjourned to 16.06.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 17.09.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: None for plaintiff present.
Adv. Gulnar Khan h/f Adv. Dharmesh Joshi for defendant present and undertakes to file VP on next date.
Later on at 01.00 p.m
Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 30.10.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Gulnar Khan h/f Adv. Dharmesh Joshi for defendant present and filed VP along with draft NM along with supporting affidavit for condonation of delay in filing VP. Order - leave granted to register draft NM.
Copy of draft NM served to Adv. Shirke.
Matter is adjourned to 18.12.2025 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: None present for plaintiff.
Adv. Imran Khan h/f Dharmesh Joshi present for defendant.
Matter is adjourned to 27-03-2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: None present for plaintiff.
Adv. Imran Khan h/f Adv. Dharmesh Joshi for defendant present.
Matter is adjourned to 20.06.2026 for  tendering NM
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Dharmesh Joshi a/w Adv. Imran Khan a/w Adv. Gulnar Khan for defendant present.
On oral request of Adv. for  defendant time is granted for tendered registered NM on record and time is extended for its registration till next date.
Matter is adjourned to 05.08.2026 for Tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2026

Date: 05-08-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Gulnar Khan h/f Adv. Dharmesh Joshi for defendant is present.
Adv for defendant tendered register NM No.3221/2026. TOR.
Kept back.
Later on at 01.40 p.m
Same appearance for plaintiff and defendant.
Plaintiff filed reply overleaf notice of motion.
Heard argument of both the advocates on NM.
ORDER ON NM NO.3221/2026
Defendant moved this notice of motion with a prayer to condone delay in filing vakalatnama and for setting aside Ex-parte order dt.01.10.2022. Plaintiff today filed reply overleaf. I have heard both Ld. Advocates. I have gone through record and proceeding.
This is summary suit to recover Rs.14,55,760.47 and plaintiff is also claiming future interest on principal amount Rs.10,00,000/-. Service affidavit Exh.03 says that writ of summons was served on 12.07.2022. However, defendant did not appear within 10 days. Hence, Ex-parte order was passed on 01.10.2022. Thereafter, matter was posted for Ex-parte evidence.
Defendant moved draft NM on 30.10.2025. Said notice of motion is moved after 1,206 days. After deducting admissible 10 days, there is delay of 1,196 days. Delay calculated by defendant is not correct. So far as reasons for delay are concerned defendant submit that some time was gone in collecting documents and for engaging an advocate. Defendant was not aware about transfer of this suit from C. R No.13 to C.R No.83.
Considering nature of dispute and reasons assigned by defendants fair opportunity should be given to defendant to contest the claim on merit. No prejudice will be caused to plaintiff. So far as length of delay is concerned suitable cost can be imposed on defendant. Hence, following order is passed.
ORDER
1. Notice of Motion No.3221/2025 is allowed and Ex-parte Dt.01.10.2022 is set aside and delay in filing vakalatnama by defendant is condoned.
2. Defendant shall pay cost Rs.15,000/- to plaintiff on or before next date.
3. Payment of cost is condition precedent for setting aside Ex-parte order and delay condonation.
4. Notice of motion is disposed of and it shall form part of main suit.
Matter is adjourned to 16.09.2026 for Compliance by defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: Adv. Madhuri Shirke for plaintiff is present.
Adv. Imran Khan h/f Adv. Dharmesh Joshi for defendant is present.
Exh.04 Compliance pursis filed by defendant. Cost is paid to plaintiff.
Exh.05 VP filed by defendant.  Taken on record as cost is paid.
Matter is adjourned to 30.10.2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2026

NOTICE OF MOTION/103221/2026

Registration Number: 100005/2021
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 103939/2020
Filing Date: 16-07-2020
First Hearing Date: 02nd March 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE