Order Details: Copy of Judgment Pdf Text: ..1.. Sum Suit No.552/2018 MHCC010036242018 Presented on : 15-03-2018 Registered on : 04-06-2018 Decided on : 04-09-2026 Duration : 08 Y : 03 M : 00 D Exhibit : 14 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMARY SUIT NO.552 OF 2018 Ashok Vissanji Partner : Panel Source LLP Age: 59 years, Occupation : Business. Having its sales office at: 15, unique premises, Bombay Dying Compound, V. S. Marg, Prabhadevi,…
Ashok VissanjiVsPawan Jain
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100552/2018
- Registration Date
- 04 Jun 2018
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Case History / Proceedings
Case History
Date: 30-07-2018
Business: Adv. Rajendra Yadav for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed appliction for extension of time for issuance of writ of summons, TOR.
Order - Time is extended. Issue writ of summons upon defendant.
Matter is adjd. to 02/11/2018 for Report.
Next Purpose: REPORT
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Matter transferred from Cr. no.28.
Adv. Rajendra yadav Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Affidavit of service.
As per service affidavit deft served by RPAD as per acknowledgement. When called deft absent. Hence suit proceeded Ex-parte against deft.
Adj. For Ex-parte Evidence on 16/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Adv for plff. Mr. Yadav Present
Adv for deft. Mr. Thakur present
Adv for deft filed draft N/M along with affidavit
Order
Permission is granted to register N/M
Adv for deft permitted to supply copy of N/M to adv for plaintiff
Matter is Adjd for Reply to N/M on 28/01/2019
Next Purpose: REPLY
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Adv for plff.Mr. Rajendra Yadav present
Adv for deft Mr. Thakur present
Adv for deft tendered registered N/M 259/19 along with affidavit
Adv for plaintiff stated that he has received copy of N/M
Matter is Adjd for N/M 259/19 Hearing 07/02/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Adv for plff.Mr.Yadav present
Adv for deft Mr. Thakur present
Adv for plff. Filed reply to N/M 259/19
Heard Argument of Adv for plff and deft on N/M 259/19
FRSR Following order is passed
1.Notice of Motion No.259/2019 is allowed, subject to cost of Rs.2,000/- to given by defendant to plaintiff.
2.Notice of Motion No. 259/2019 stands disposed of.
Matter is Adjd for Compliance on 14/03/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv for plff.Mr.Rajendra Yadav present.
Matter is Adjd for Exparte Evidence on 16/04/2019.
L.O.
Adv for deft Mr.Thakur present
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Matter transferred from Cr. no.09.
Adv. Rajendra Yadav Present for the Plff.
Adv. Diniesh Ganij Present for the Deft.
Ld counsel for the deft submitted that on 19/02/2019 we have complied the order of NM 259/19 dt.07/02/2019 by paying costs of Rs.2,000/- by way of D. D. to the Counsel.
Ld counsel for the plff tendered Draft SJ alongwith affidavit.
Order- Heard. Leave granted. SJ be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. for SJ returnable and service affidavit on 16/07/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 05.09.2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: Adv. Rajendra Yadav for Plaintiff present. He tendered original S/J. No. 136/2016.
Adv. Thakur for defendant present.
Heard argument of both side on S/J.
Matter adjd to 30-09-2019 for S/J order.
Next Purpose: ORDER
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Mr. Rajendra Yadav for plaintiff present.
None from Defendent.
F.R.S.R following Order is passed.ORDER
1 Conditional leave to defend the suit is granted to defendant on depositing amount of Rs.50,000/- in the Court within four weeks from the date of the order. 2 On depositing the aforesaid amount in the Court, the Registrar Civil is directed to deposit said amount in any Nationalized Bank initially for the period of one year and continue to renew the same for the like period till further order.3 On depositing amount of Rs.50,000/- as directed above, the defendant is directed to file his written statement within further period of two weeks.3 Summons for Judgment No.136/2019, is disposed off accordingly.Matter Adj for Compliance 04.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv.Yadav for plaintiff present.
Adv.Santosh Thakur for defendant present, he tendered written statement. Copy is received by advocate of plaintiff.
Matter adjd for draft issues to 27.11.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Rajendra Yadav for plaintiff present.
Adv. Tiwari for defendant present.
Matter adj for Issues to 03/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rajendra Yadav for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 20.04.2020 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 24.02.2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: P.O. is on leave.
Matter is adjd to 20.04.2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 29/07/2021 for Draft Isues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 28.09.2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Court is vacant
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None for plaintiff.
Adv. Tiwari For defendant present.
Adjd. to. 01.02.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present.
Matter is adjd for draft issues on 30-03-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: one for Plaintiff.
Adv. Mr. Dharmendra Tiwari for Defendant present and seeks time to file draft issues. Time granted.
Matter adj. to 26/04/2022 for filing Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: P.O. IS ON LEAVE
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. for Plaintiff present.
Adv. Dharmendra Tiwari for Defendant present.
Advocate for defendant tendered draft issues (Exh.04).
Issues framed (Exh.05).
The both the parties are directed to remain present before this Court on next-date so as to examine element of amicable settlement in the matter.
Matter adjd. to 02.11.2022 for appearance/evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Plaintiff and his Adv. are present.
Defendant absent and his Advocate present.
Ld. Advocate for defendant makes submission that he has intimated his client about the last order of this court about amicable settlement, however he has intimated that he has already paid the amount to the plaintiff and therefore, no amicable settlement is possible.
In view of the statement of Ld. Advocate for defendant, place the matter for plaintiffs evidence.
Matter is adj to 25/01/2023 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv.Rajendra Yadav for plaintiff present. He seeks time to file affidavit of evidence. Time granted.
Adv.Dharmendra Tiwari h/f Adv.Santosh Thakar for defendant present.
Matter is adj to 12/04/2023 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Rajendra S.Yadav for plaintiff present. He seeks time to file affidavit in chief as well as documents. Time granted.
Adv.Santosh Thakur for defendant present.
Matter is adj to 04/07/2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff is present.
Adv. Rajendra Yadav for plaintiff present and prayed for adjournment.
Adv. Dharmendra Tiwari h/f Adv. Santosh Thakur for defendant present. Defendants counsel has no objection for adjournment.
Matter is adj to 09.10.2023 for Cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Rajendra Yadav for plaintiff is present and filed evidence on affidavit along with list of documents. They are marked as Exh-6 and 7 respectively.
Adv. Santosh Thakur for defendant is present.
On noticing that the documents filed are the xerox copies, the quiery was made to the counsel for the plaintiff and he replied that the plaintiff does not want to file the original documents.
Matter is adj to 17.01.2024 for admission and denial of the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Dhamendra Tiwari h/f Adv. Santosh Takhur for defendant is present and filed reply to the admision and denial of the documents. Taken on record. It is marked as Exh-8.
Matter is adj to 09.02.2024 for hearing on admission and denial of the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present and requested for adjournment for hearing on admission and denial of documents. Adjournment is granted.
Adv. Santosh Thakur for defendant is present.
Matter is adj to 19.03.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present (appearance is not given) and filed an application for production of documents along with list of documents. Taken on record. It is marked as Exh-9 and 10 respectively. O-Other side to say.
The defendant and his counsel are absent.
Matter is adj to 19.04.2024 for filing reply to Exh-9.
Next Purpose: REPLY
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Dharmendra Tiwari for defendant is present and submitted that he has not received copy of documents.
The plaintiff is directed to supply copies of documents to the defendant.
Matter is adj to 14.06.2024 for filing reply by the defendant.
Next Purpose: REPLY
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.(appearance is not given)
Adv. Santosh Thaker for defendant is present.
Heard both parties on admission and denial of documents.
Matter is adj to 12.07.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present.
Adv. Santosh Thakur with Adv. Dharmendra Tiwari for defendant is present.
Perused documents filed by the plaintiff vide list Exh-10. Documents at Sr. No. 1 and 2 are photocopies. Hence, these documents cannot be marked as Exhibits.
Matter is adj to 22.08.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present and requested for adjournment to file further evidence. Adjournment is granted as last chance.
Adv. Dharmendra Tiwari for defendant is present.
Matter is adj to 13.09.2024 for file further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P.O. IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present and filed an application for production of additional evidence and documents. Taken on record. It is marked as Exh-11. O-Other side to say.
Adv. Dharmendra Tiwari for defendants is present.
Matter is adj to 20.02.2025 for filing say on Exh-11
Next Purpose: REPLY
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
Adv. for defendant is present and filed reply Exh-11. Taken on record. It is marked as Exh- 11-A . Copy served to the other side.
Matter is adj to 17/03/2025 for order on Exh-11A.
Next Purpose: REPLY
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv R Yadav for plaintiff present.
Adv Dharmendra Tiwari for defendant present.
Court is busy in dictating ex-parte judgment in summary Suit no.955/2023,67/2024 and 330/2024 and other urgent hearing matter. Hence, todays board is discharged. Hence, todays board is discharged.
Matter is adj to 13-06-2025 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Dharmendra Tiwari for defendant is present.
Heard counsel for defendant on Exh-11.
Matter is adj to 03.07.2025 for hearing on Exh-11 by plaintiff.
Next Purpose: HEARING
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present and requested for adjournment to argue on Exh-11. Adjournment is granted as a last chance.
The defendant and his counsel are absent.
Matter is adj to 28.07.2025 for hearing on Exh-11.
Next Purpose: HEARING
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav i/b Adv. Ashok Sarogi for plaintiff is present and filed written notes of argument on Exh-11. Taken on record.
Adv. Dharmendra Tiwari for defendants is present.
Heard both parties on Exh-11
Matter is adj to 14.08.2025 for Order on Exh-11.
Next Purpose: ORDER
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Santosh Thakur for defendant is present.
Order below Exh-11
Perused application, say and record. Heard both parties. It is submitted on behalf of plaintiff that he wants to file additional documents as a evidence i.e. notice, postal receipt and reply given by the defendant. It is further submitted that inadvertently he could not filed original documents at the time of evidence. Further, the plaintiff has found these original documents after 19.03.2024 and therefore, he wants to file these documents. The plaintiff has filed original sales invoice and ledger on 19.03.2024. Further, documents which plaintiff wants to file are not new documents and plaintiff has relied on and referred said documents in the plaint. Hence, application may be allowed.
On the other hand, it is submitted on behalf of defendant that the application filed by the plaintiff to produce additional documents is not tenable. The plaintiff has not given any satisfactory reason for not filing said documents along with evidence. On 09.10.2023, plaintiff filed his evidence on affidavit and on that day, it was submitted by plaintiff that he does not want to file original documents. Now, plaintiff is filing original documents at this belated stage without seeking permission of the court. Therefore, these documents cannot be taken on record. Hence, application may be rejected.
Perused application, say and heard both parties. On perusing record, it appears that plaintiff has filed his evidence on affidavit on 09.10.2023 along with compilation of documents vide list Exh-7. The documents filed vide list Exh-7 are photocopies. Further, it appears that plaintiff had submitted that he does not want to submit original documents. Thereafter, on 19.03.2024 plaintiff filed an application for production of documents vide list Exh-9 and compilation of documents at list Exh-10. It is the contention of plaintiff that he has filed original document vide list Exh-10. However, said documents are photocopies. Thereafter, on 16.01.2025, plaintiff has filed present application to produce document on record. As per Order-7, Rule-14, plaintiff has to produced documents on which he is relying. Further, plaintiff can filed documents at the time of filing his evidence. It is pertinent to note that plaintiff has neither filed original documents at the time of filing the plaint nor filed at the time of filing his evidence. Plaintiff can filed documents with the permission of the court by showing sufficient reason, if documents were not filed either along with the plaint or at the time of filing evidence. It is pertinent to note that in the present application plaintiff has not mentioned single word, why he has not produced documents either at the time of filing the plaint or at the time filing evidence. Therefore, I am of view that there is no sufficient cause to allow the application. Hence, I proceed to pass following order-
Order
Application at Exh-11 is hereby rejected.
Matter is adj to 19.09.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present.
Adv. Santosh Thakur with Adv. Dharmendra Tiwari for defendant is present.
Mr. Ashok Chandrahas Vissanji, plaintiff in person is present and resumed on SA.
Cross-examination of PW-1 is commenced and completed.
Matter is adj to 10.10.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: P.O. IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Suma K. Pagey for plaintiff is present and filed an application for production of documents TOR and marked as Exh-12. O-Other side to say. Copy is served to other side.
Adv. Santosh Thakur for defendant is present and filed say on overleaf of application at Exh-12
Heard advocate for both sides on Exh-12
Matter is adj to 01.12.2025 for Order on Exh-12
Next Purpose: ORDER
Next Hearing Date: 01-12-2025
Date: 01-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Seema Pagey for plaintiff is present.
Adv. Santosh Thakur for defendant is present.
Order below Exh-12
Plaintiff has filed an application under Order-13, Rule-5 r/w section 51 of Civil procedure Code as well as section of bankers book of The Indian Evidence Act, 1891 to allow to produce document and to direct defendant to furnish documents. It is further submitted that defendant has made payment through his account in IDBI bank till 22.02.2017. Further, from 16.12.2016 to 31.12.2018, the bank account holder extract and 'C' Form refund entries are necessary for adjudication of the matter. Plaintiff has submitted that as per section 34 of Indian Evidence Act/section 28 of Bhartiya Saksha Adhiniyam, entries of books of accounts are relevant which are kept in regular course of business. Further, plaintiff has relied on section 42 and 32 of Sales of Goods Act, 1930 and section 115 of Indian Evidence Act. Further, it will clarify name of defendant, who has signed C form for deduction in the bill amount by two percent tax as shown in invoice. Further, said documents are necessary to prove defendant was carrying on business between 2016-18. Further, during cross-examination of plaintiff, certain statements and facts regarding defendant's partnership or proprietary business has become necessary. Therefore, it is necessary to direct defendant to furnish the IDBI Bank statement between 2016-18, details of his bank account and 'C' form to produce in the court.
On the other hand, it is argued on behalf of defendant that application filed by plaintiff is not maintainable as it is filed by Advocate for plaintiff namely Seema Pagey. Advocate cannot act in dual capacity as party in person as well as his counsel. Further, applicant is not party to the present suit. Further, Pawan Jain i.e. defendant in present suit is not right person as is not a proper person as he is not proprietor of Jain Plywood House. Further, plaintiff has to prove his case and therefore, directions cannot be given to produce documents as contended by the plaintiff. Hence, application may be rejected.
Perused application, say and record. Heard both parties. Plaintiff has filed this application to give direction to defendant to produce documents. It is pertinent to note that counsel for plaintiff has filed application with her signature and even affidavit is filed by her. It is pertinent to note that counsel for party can file an application on behalf of his party. However, counsel cannot swear affidavit in support of said application on behalf of his party. Further, the documents which plaintiff wants to bring on record i.e. statements of IDBI bank for the period 2016 to 2018 and Form 'C'. The plaintiff wants to bring on record these documents to prove that defendant was doing the business during said period. Though plaintiff has contended in the application, defendant made payment till 22.02.2017 through his account in IDBI bank. However, this fact is not pleaded by the plaintiff in his plaint. Further, there is no pleading with respect to Form 'C' in the plaint. Therefore, though there is provision to give direction to defendant to produce the said documents, however, as discussed above in absence of pleadings in the plaint and application is not tenable. Hence, I am of view that it would not be just and proper to give directions to the defendant to produce the said documents. If plaintiff wants to prove said documents, he has every right to call for concern witness to prove the same. Thus, I am of view that application is not maintainable. Hence, I proceed to pass following order-
Order
Application at Exh-12 is hereby rejected.
Matter is adj to 19.12.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to file further evidence.
Matter is adj to 28.01.2026 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Seema K. Pagey for plaintiff is present and filed draft Notice of Motion to file additional documents along with affidavit in support. O-Leave is granted to register the draft Notice of Motion. Copy is served to other side.
Adv. Dharmendra Tiwari for defendant is present.
Matter is adj to 16.02.2026 for filing registered Notice of Motion and reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Seema K. Pagey for plaintiff is present and filed registered Notice of Motion No. 677/26 along with affidavit in support.
Adv. Dharmendra Tiwari for defendant is present and filed reply to Notice of Motion. Taken on record. Copy is served to other side.
Matter is adj to 02.03.2026 for hearing on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajendra Yadav for plaintiff is present and filed written notes of argument of Notice of Motion. Copy is served to other side.
Adv. Dharmendra Tiwari with Adv. Santosh Thakur(through video conference) for defendant is present and submitted that his reply be treated as argument to Notice of Motion.
Heard advocate for both sides on Notice of Motion.
Matter is adj to 20.03.2026 for Order on Notice of Motion.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: The plaintiff and his advocate are absent.
Adv. Dharmendra Tiwari for defendant is present.
FRSR following order is passed on NM No.677/26
Order
1. Notice of Motion No. 677/2025 is allowed.
2. The plaintiff is allowed to file additional documents as per List
annexed to the Notice of Motion.
3. Notice of Motion No. 677/2025 is disposed of accordingly.
Matter is adj to 15.04.2026 for compliance.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Seema K. Pagey for plaintiff is present and requested for adjournment. O - Granted as last chance.
Adv. Santosh Thakur a/w Adv. Dharmendra Tiwari for defendant is present.
Matter is adj to 22/07/2026 for further evidence for plaintiff.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2026
Date: 22-07-2026
Business: Matter received from C.R.81 as per office order dated 29-06-2026.
Plaintiff absent. Adv. Rajendra Yadav for plaintiff present.
Defendant absent. Adv. Dharmendra Tiwari for defendant present.
Advocate for plaintiff submitted that already NM allowed for additional document. Perused the order. The plaintiff Advocate given last chance to tendered the evidence.
Matter adjourned to 18-08-2026 for additional evidence.
Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: Plaintiff absent. Adv. Rajendra Yadav for plaintiff present.
Defendant absent. Adv. Dharmendra Tiwari for defendant present.
Advocate for plaintiff file evidence closing pursis TOR and marked as Exh.13
Matter adjourned to 25-08-2026 for argument.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2026
Date: 25-08-2026
Business: Plaintiff absent. Adv. Rajendra Yadav for plaintiff present and file memorandum of argument TOR.
Defendant absent. Adv. Santhosh Thakur for defendant present through VC.
Heard argument of the both parties.
Matter adjourned to 04.09.2026 for further argument.
Judge
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-09-2026
Date: 04-09-2026
Business: None present for the plaintiff.
Defendant absent. Adv. Dharmendra Tiwari Adv. Santosh Thakur (through VC) for defendant present.
Heard argument of both the parties.
Exh.14 Judgment.
F.R.S.R. following order is passed.
ORDER
1. The suit is dismissed with costs.
2. Decree be drawn up accordingly.
Judge
Nature Of Disposal: DISMISSED
Disposal Date: 04-09-2026Additional Case Details
Additional Case Details
Filing Number: 103978/2018 Filing Date: 15-03-2018 First Hearing Date: 30th July 2018 Decision Date: 04th September 2026 Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge
Orders
4Order Details: Other Pdf Text: 1 SJ No.136/2019 in Summary Suit No.552/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT No.136 of 2019 (CNR NO. MH CC010046652019) In SUMMARY SUIT NO. 552 OF 2018 Ashok Vissanji Partner : Panel Source LLP Age: 59 years, Occupation :Business, Having its sales office at : 15, unique premises, Bombay Dying Compound, V.S.Marg, Prabhadevi, Mumbai400 025 ...Plaintiff V/s. Pawan Jain Indian Inhabitant, Occupation : Business Near Jaipur Glass Factory, Tonk Road,…
Order Details: Copy of Judgment Pdf Text: ..1.. Sum Suit No.552/2018 MHCC010036242018 Presented on : 15-03-2018 Registered on : 04-06-2018 Decided on : 04-09-2026 Duration : 08 Y : 03 M : 00 D Exhibit : 14 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMARY SUIT NO.552 OF 2018 Ashok Vissanji Partner : Panel Source LLP Age: 59 years, Occupation : Business. Having its sales office at: 15, unique premises, Bombay Dying Compound, V. S. Marg, Prabhadevi,…
Order Details: Other Pdf Text: 1 SJ No.136/2019 in Summary Suit No.552/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT No.136 of 2019 (CNR NO. MH CC010046652019) In SUMMARY SUIT NO. 552 OF 2018 Ashok Vissanji Partner : Panel Source LLP Age: 59 years, Occupation :Business, Having its sales office at : 15, unique premises, Bombay Dying Compound, V.S.Marg, Prabhadevi, Mumbai400 025 ...Plaintiff V/s. Pawan Jain Indian Inhabitant, Occupation : Business Near Jaipur Glass Factory, Tonk Road,…
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