TrustJury record updated 19 Sept 2026
Date: 24-04-2019
Business: Adv. Rajesh Singh along with Sunil Karoth for plaintiff present.
Adv. Nitin Dalvi for defendant present.
Adv. for defendant had strongly objected for extension of the ad interim ex-parte order on the ground that order 39 rule 3A of CPC is not complied.
Adv. for plaintiff stated that they have served the copy of order and other documents filed along with the plaint in the office of the defendant to that Adv. for deft pointed out the letter which was served to them and shows that it is only copy of order served to the defendants.
The Adv. for defendant further stated that the copies of plaint, documents and notice of motion is not served to the defendant to that Adv. for plaintiff stated prior to moving to this Court the plaint, document and notice of motion is served to the defendant and they will be filing the said document along with affidavit.
Considering the above facts the opportunity is given to the defendant to file reply to the notice of motion and written statement.
The ad interim order dt. 04/04/2019 is extended till next date.
Adv. for plaintiff filed affidavit of service. t.o.r
Adjd for reply to 30/04/2019.
Next Purpose: REPLY
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. Rajesh Singh along with Adv. Pathak, Adv. Priti R. Mahajan and Adv. Sunil Karoth for plaintiff present.
Adv. Amruta Devkat I/b Adv. Dalvi for defendant present.
Adv. for plaintiff filed registered Notice of Motion No. 1707/19. tor.
Ad interim order extended till next date.
Both the advocates have consented for date. Hence
Adjd for reply to 07/06/2019.
Next Purpose: REPLY
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. present.
Defendant absent when called. In the commercial suit defendant should filed reply within 120 days of service of summon. The defendant is served with writ of summons on 18th April, 2019 as per the affidavit of service. Defendant filed appearance on 24th April,2019. The 120 days will complete on 17th August 2019. The defendant should filed written statement on our before 17th August,2019 failling which the suit will proceed without written statement. The notice of motion is filed by the plaintiff till date defendant failed to filed the notice of motion. Defendant should file to reply the notice of motion on next date failing which the notice of motion will be heard without reply. The defendant should take note that the commercial suit is filed by the plaintiff for recovery therefore, to proceed expeditiously else the suit will proceed without hearing of defendant.
Ad-interim relief extended till next date.
Adjd to 20.06.2019 for reply notice of motion/ reply.
Next Purpose: REPLY
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. S. R. Pathak h/f Adv. Singh for plaintiff present.
Adv. for defendant absent.
Earlier order if any to continue till next date.
Adjd for reply to 22/10/2019.
Next Purpose: REPLY
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. for plaintiff present.
Defendant and adv. for defendant absent.
Exh- 2 Affidavit of service. t.o.r.
The deft is served with writ of summons on 18.04.2019 but till date not filed written statement. Hence suit to proceed without Written Statement.
Earlier interim relief order to continue till next date.
Adjd for hearing to 02/11/2019.
Next Purpose: HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv. Priya Patil along with Adv. Sunil Karoth for plaintiff present.
Defendant and adv. for deft absent.
Adjd for hearing to 11/12/2019.
Next Purpose: HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. for plaintiff present.
KB
L.O. at 12.40pm
Adv. for plaintiff present.
Heard argument of advocate of plaintiff.
Nobody of behalf of defendant.
Exh.3-Adv. for plaintiff filed pursis for extension of time. t.o.r.
Adv. Amruta Devkar stated that her senior advocate Mr.Nitin Dalavi expired last week. Therefore, adjourned the suit. Nilesh Shelar senior clerk of MSRCT present.
Advocate for plaintiff has filed pursis to extend the ad-interim order. The said ad-interim order was not extended on last date that is 02.11.2019. The plaintiff has apprehension that the bank security will be revoke by the defendant and they will withdraw the amount. The defendants are directed not to revoke the bank guarantee till next date with direction to the defendant to argue notice of motion on next date failing which the notice of motion will be decided without argument of defendant.
Matter adjd to 10.01.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Mr. Karoth along with Adv. S. R. Pathak for plaintiff present.
Adv. Smt. Naiyyar for defendant present.
Exh- 4 Adv. for defendant filed an application for condonation of delay.
Adjd for reply to application to 22/01/2020.
Next Purpose: REPLY
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Mr. Sunil Karoth for plaintiff present.
Adv. Smt. Naiyyar for defendant present.
Representative of defendant Mr. Dilip Gosavi senior store officer is present.
Xerox copy of the authority letter of the representative of defendant is filed. t.o.r.
Adv. for defendant filed affidavit in support of application for condonation of delay. t.o.r
Adv. for plaintiff filed reply to the application. t.o.r.
Heard advocate for both the parties on application of delay.
The parties are ready for mediation. The plaintiff representative should remain present before mediator with all the documents. The same is applicable to defendant also.
Hence matter is referred to mediation.
Adjd for mediation report/hearing to 03/03/2020.
later on
Adv. Rajesh Singh for plaintiff present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Sevil Karoth for Plaintiff present.
None for deft. present.
Matter adj. to 14/03/2020 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for awaiting report to 03.04.2020.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for awaiting mediation report to 07.12.2020.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Advocate Sevil Karoth for plaintiff present.
None for defendants present.
Adjourned for awaiting mediation report on 13.01.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Sunil Kharat for plaintiff present.
Adv. Geeta Nayar for defendant is present.
Mr. Pradeep Kheratkar (Sr. Stores Officer - Grade II) is present.
Matter is adjd.to 15-02-2021 for Mediation report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Mr. Sunil Karot for plaintiff present.
None for defendant.
K.B at 4.00 p.m.
LO at 4.30 p.m.
Adv. Mr. Sunil Karoth for plff. present.
None for defendant.
Report of mediation failed is receive from the DLSA.
Adv. Mr. Karoth for plff, submits that no reply submitted by the deft. on NM no. 1707/2019. Plff. is ready to argue on NM.
Defendant to file the reply on NM, by supplying advance copy to the plff. in default further order on NM will be pass after argument of plff. reply on deft.
Matter is adjd.to 23.02.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mr. Rajesh Singh a/w Adv. Sunil Karot for plaintiff present.
Adv. Ms. Bhansali for defendant, submits that earlier adv of deft. is a retired from this suit and deft has engaged her to appear in present suit. It is prayed for some time to go through the documents.
Exh.5- V/P of adv. Ms. Bhansali on behalf of deft.
It is strongly objected by adv. Mr. Rajesh Singh for plff.
Considering huge documents along-with plaint, adjd is granted r/o. 11.03.2021 at 12.30 p.m.
Matter is adjd.to 11.03.2021 for NM hearing on Exh.4
and NM no. 1707/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mr. Sunil for plaintiff present.
Adv. Rajlaxmi Punjabi I/b Adv. P.M. Bhansali for deft. present.
Matter is adjd.to 26.03.2021 for NM hearing at
12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Sunil Karoth for plaintiff, prayed for time to clarify about writ of summons.
Adv. Ms. P.N. Bhansali for defendant, submits that writ of summons is not served on deft. and plff to clarify about current status of bank guarantee.
Court is busy in dictation of other matters. Both side to argue positively on 08.04.2021.
Matter is adjd.to 08.04.2021 for NM hearing at 11.30
a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Rajesh Singh with Adv. Karoth for plaintiff present.
Adv Ms. P. M. Bhansali for defendant, submitted reply on NM no.1707/19.
Exh. 6 Application to withdraw Exh.4 is submitted by the defendant.
Heard argument of both sides.
F.R.S.R the following order is passed.
ORDER
1. In view of pursis vide Exh.6, application submitted by the defendant vide Exh.4 is disposed off as not pressed.
2. In view of specific clause mentioned in Rate Contract dated 17/05/2018, bank guarantee came to be expired on 26/04/2020. Therefore, Notice of Motion No. 1707/2019 becomes infructuous.
3. Considering specific liberty granted by this Court in roznama dated 24/04/2019, defendant to submit the written statement. Defendant to supply the copy of written statement to plaintiff.
4. Both side to submit draft issues and schedule of case management hearing to expedite hearing.
5. If both side insist, suit can be disposed off at the earliest by fixing the dates of twice in a week, as per convenience and schedule be fixed.
6. Exh.4 and Notice of Motion No. 1707/2019 stand disposed off.
7. Copy of written statement is marked vide Exh.7.
(Note - Ld. Adv. Karoth for plaintiff submits that he will challenge aforesaid order, till then written statement shall not be accepted. There is no executory order passed by this Court. Hence, no stay can be granted. Further hearing will depend on schedule of hearing (case management hearing), to be submitted by both side. Hence next date 15/06/2021 is given as prayed by Adv. Karoth.)
Adv. Karoth has refused to accept the copy of written statement marked vide Exh.7 and prayed for longer date, hence next date 15/06/2021 is granted as prayed.
Matter is adjd.to 15.06.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Sunil Karot for plaintiff present.
Adv. Dhruvi Jain for defendant present.
Adjd to 27-08-2021 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Mr. Sunil Karot for plaintiff present.
None for defendant.
L.O.
Adv. Ms. P.M. Bhansali for defendant present and she tendered
draft n/m with supporting affidavit. - Leave is granted to register
n/m.
Matter is adjd.to 07.10.2021 for draft issues and filing
registered n/m.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Sunil Karoth for plaintiff present
Adv. Dharini Jain along with P. M. Bhansali for defendant present and they have already filed original NM No.2138/21 with supporting affidavit.
Adv. for plaintiff submitted that he did not receive copy of NM No. 2138/21.
Adv. for defendant submitted that copy is served through email.
Considering, rival submissions, Adv. for defendant is directed to supply copy of NM with supporting affidavit to the plaintiff.
Accordingly, copy of NM with affidavit supplied to Adv. Sunil Karoth for plaintiff.
Matter is adjd.to 29-10-2021 for NM Reply (12.00pm).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Sunil Karoth for plaintiff present and prayed for short date for filing reply in NM – granted.
Adv. P. M. Bhansali for defendant present.
Matter is adjd.to 08-11-2021 for NM Reply & Hrg (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Rajesh Singh a/w Sunil Karot for plaintiff present and filed affidavit in reply in NM No. 2138/21 t.o.r.
Adv. Dharini Jain for defendant present.
Matter is adjd.to 29-11-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Rajesh Singh a/w Adv. Sunil Karot for plaintiff present.
Adv. P. M. Bhansali for defendant present.
Heard Ld. Adv. P. M. Bhansali for defendant.
Heard Ld. Adv. Rajesh Singh for plaintiff.
Matter is adjd.to 04-12-2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Iftekhar Sayed a/w Adv. Sunil Karoth for plaintiff present.
Adv. Gayatri Kapse for defendant present.
Court busy in recording evidence in Com. Suit No.163/21 and dictating Judgment in Com. Suit 831/21.
Matter is adjd.to 09-12-2021 for NM order. 4.00pm
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Sunil Karot for plaintiff present.
Adv. Pushpa Thapa for defendant present.
F.R.S.R. following order is passed -
ORDER
1. Notice of Motion No. 2138/2021 is dismissed.
2. The proceeding of N/m No. 2138/21 is closed.
Matter is adjd.to 05-01-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Karath for plaintiff present.
Adv. Dharini Jain for defendant present.
Matter is adjd.to 11-02-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv. Mr. Karoth i/b M/s. Khaitan and Khaitan for plaintiff present.
Adv. Ms. Dharini for defendant present.
Matter is adjd.to 24-03-2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Pooja Shivtarkar h/f Sunil Karoth for plaintiff.
Adv. Dharini Jain for defendant present.
Matter is adjd.to 19-04-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Sunit Karoth for plaintiff present.
Adv. Dharini Jain for defendant present.
Court busy in hearing argument in S/J No. 19/22 in Com. Su. No. 1268/21 and dictating order in C/S No. 82/22 in Com Su. No. 767/21.
Matter is adjd.to 18-06-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Sunil Parab alongwith Sunil Singh for plaintiff present.
Ld. Adv. for the plaintiff submitted that plaintiff has filed the writ petition no.5177/2021 before Hon’ble High Court and sought time. O- Time granted
Adjourned to 04-08-2022 for framing issues.
L.O.
Adv. Dharini Jain for defendant present.
Already adjourned to 04-08-2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Iftekhar Sayed for plaintiff present.
None for defendant when called.
Adv. for plaintiff submitted that they have filed writ petition 5177/2021 before Honble High court against order of Notice of motion and thus sought time.
Adjd for framing issues to 22/08/2022
L. O
Adv. P.M. Bhansali for defendant present.
She submitted that under the guise of filing of appeal the plaintiff is prolonging the matter and requested court for framing issues.
She also submitted that interest should not be charged due to adjournment sought by plaintiff.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Dharini Jain for defendant present.
Adv. Sunil Karoth for plaintiff present.
Defendant submitted that it is for framing of issues. Adv. for plaintiff submitted that writ petition is pending before Honble high court against order passed by this court. He also tendered copy of order of WP No. 5177/2021.
Heard both sides. It is seen from copy of order placed on record by adv. for plaintiff that plaintiff has preferred writ petition before honble high court against the impugned order.
As matter is subjudiced before Honble High court It will not be proper to frame issues at this stage. Hence adjournment is to be granted to plaintiff.
Adjd for framing issues to 22/09/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Sunil Karoth for plaintiff present.
Adv. Dharini Jain for defendant present.
Adjd for framing issues to 14/10/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Sunil Karoth for plaintiff present.
Adv. P. M. Bhansali for defendant present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for framing issues to 31/10/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Sunil Karoth for plaintiff present.
None for defendant when called.
Exh-8 Application filed by adv. for plaintiff stating this court is inclined to frame issues it may be subject to outcome of WP No 5177/21. O- Other side to say
Adjd for say of defendant on Exh.8 to 25/11/2022
L. O
Adv. Neha Pandey h/f Adv. P. M. Bhansali for defendant present. copy of Exh.8 is served upon defendant.
Next Purpose: REPLY
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Sunil Karoth for plaintiff present and submitted that he is not pressing application at Exh. 8.
None for defendant when called.
Adv. for plaintiff filed copy of order passed in WP No. 5177/2021 dt. 23.11.2022. T.O.R.
Adv. for plaintiff wrote on application Exh. 8 not pressing for this application. Hence application Exh. 8 is not pressed by plaintiff.
in view of order passed in WP no. 5177/21 before Honble High Court dt. 23.11.2022.
stand over to 08.12.2022 under caption for final hearing to be called out at 4.30 pm. In the meanwhile, Ld. Trial Court shall not proceed with the proceedings.
Adjd as suit stayed to 06/01/2023
L. O
Adv. Yasmin Sarang for defendant present.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: NOB TOB
Writ received from Honble High court bearing inward no.14702 dt. 08.12.2022 in WP No. 5177/21 O- Seen copy of writ be kept in R and P. C. C to comply
ORDER
Standover to 08.12.2022, under the caption for final hearing to be called out at 4.30 pm. In the meanwhile, Ld. Trial court shall not proceed with the proceedings.
Already adjd to 06/01/2023
Next Purpose: SUIT STAYED
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Sunil Karoth for plaintiff present and submitted that WP No. 5177/21 order dt.22.12.2022 is dismissed and Honble High court stayed its order for six weeks.
None for defendant when called.
Adjd as suit stayed to 16/02/2023
L. O
Adv. Dharini Jain for defendant present.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: NOBTOB
Letter received from Hon’ble High Court regarding Hon’ble High Court Civil Writ Petition No.5177/21 along with Hon’ble High Court order dated 21-12-2022 (inward no.333 dated 09-01-2023).
WP No.5177/21 order dated 22-12-2022 is dismissed and Hon’ble High Court stayed its order for six weeks.
Case is adjourned for suit stayed to 16-02-2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Sunil Karoth for plaintiff present.
None for defendant.
Adv. for plaintiff submitted he has challenged the order passed by Honble High Court before Honble Supreme Court. The Honble High Court by its order dated 22.12.2022 stayed its order for period of six weeks. The period of six weeks is already expired. Now the matter be kept for framing of issues.
Case is adjourned to 09.06.2023 for framing of issues.
LO at 11.57 am
Adv. Pushpa Thapa for defendant present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Metro Ortem Ltd. Vs Maharashtra State Road Transport Corporation Storesand Purchase Department
Plaintiff called, but absent.
Adv. Drishti Jain present for defendant.
Stenographer on leave.
Matter adjourned to 15.06.2023 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Metro Ortem Ltd. Vs Maharashtra State Road Transport
Adv. Sunil Karot present for plaintiff.
Defendant side called, but absent.
Adv. Karot submitted that, the proceeding before the Honble Supreme Court are dismissed almost prior to 6 months.
The plaintiff has not filed copies of Order of Honble Supreme Court. Till date plaintiff to file copies of Order of Honble High Court and Honble Supreme Court.
Parties to take appropriate steps.
Matter adjourned to 19.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Metro Ortem ltd V/s Maharashtra State road.
All called, but absent.
Perused roznama Dt. 30.08.2023.
Parties to take steps.
Later on at 12.00 Hrs.
Adv. Rahul Singh present for plaintiff.
Case adjourned to 25.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Metro Ortem V/s Maharashtra State Road
Adv. Sunil Karot present for plaintiff.
Parties to comply Order Dt. 30.08.2023.
Case adjourned to 15.04.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Adv. S K Shukla present for plaintiff.
Adv. Yasmin Sarang present for defendant.
P. O. on leave suit adjourned to 21.06.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Metro Ortem Vs. Maharashtra State Road Transport
Adv. Ms. Pooja Tripathi present for plaintiff.
Adv. Ms. Dipti Jadhav present for defendant.
Both plaintiff and defendant have not complied order Dt. 30.08.2023.
Suit is kept back for dismissal order.
L.O. at 12.25 Hrs.
Exh. 9 - Vakilpatra of Adv. Pooja Tripathi, S.K. Shukla and Reena Pandey for plaintiff.
Exh. 10 - Application for taking on record the Order of Hon\''ble Supreme Court Dt. 05.04.2023.
Exh. 11 - List of documents.
Exh.12 - Application filed by plaintiff for directing the defendants to serve the copy of Written Statement.
Defendant to file reply.
Suit adjourned to 19.07.2024 for reply at Exh. 12.
Next Purpose: REPLY
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Metro Ortem Vs. Maharashtra State Road Transport
Adv. Ms. Pooja Tripathi present for plaintiff.
Adv. Ms. Sana Qureshi present for defendant.
Both lawyers are blaming each other for non supply of the copies.
Parties to comply in accordance with mandates and provisions of Commercial Courts Act. Else, put for order against defaulting party.
Suit adjourned to 20.09.2024.
Next Purpose: REPLY
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Metro Ortem Vs. Maharashtra State Road Transport.
Adv. Pooja Tripathi present for plaintiff.
Adv. Dharini Jain present through V.C. for defendant.
Both submitted that, defendant had supplied copy of Written Statement to plaintiff.
Parties to file admission and denial on next date.
Suit adjourned to 21.11.2024 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Metro Ortem Ltd. Vs Maharashtra State Road Transport
Adv. Pooja Tripathi present through video conference for plaintiff.
Adv. Deepti Jadhav present for defendant.
Parties failed to file admission and denial.
Hence, issues are being framed.
Exh.13- Issue and Case Management Hearing Order.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed -
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, Plaintiff, within next 15 days, shall file evidence-affidavits of all witnesses.
3)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 15 days, defendant shall file evidence affidavit of his witnesses, if any.
5)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
6)
Thereafter, parties shall conclude their arguments within 30 days.
7)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 11.02.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Adv. Pooja Tripathi present for plaintiff.
Adv. P. M. Bhansali present through VC for defendant.
Exh.14 - Plaintiff filed list of witness.
Ld. Adv for plaintiff undertakes to serve the copy of the list of witness on the Ld. advocate for defendant.
Undertaking accepted.
Suit adjourned to 19.03.2025 for filing list of witness by defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: Adv. Pooja Tripathi for plaintiff present.
None present for defendant.
KB, Later on at 1.36 pm
Adv. Pooja Tripathi for plaintiff present through VC.
None present for defendant.
KB, Later on at 05.10 pm
None present for plaintiff.
None present for defendant.
Matter stands Adj for evidence on 03-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Adv. Pooja Tripathi for plaintiff present through VC.
KB Later on at 3.40 pm
Adv. Pooja Tripathi for plaintiff present.
Exh.15 Affidavit in lieu of examination in chief filed by the advocate for plaintiff for PW-1
O. Seen
Exh.16 Affidavit in l 0ieu of examination in chief filed by the advocate for plaintiff for PW-2
O. Seen.
Copy be served to other side.
Matter stands Adj to 03-05-2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. Dharini Jain for defendant present through VC.
As the Court is busy in dictating judgment matter and argument matters, matter stands Adj for recording evidence on 23-07-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Adv. Pooja Tripathi for plaintiff present.
Adv. Kirti Vengurlekar h/f Adv. P. M. Bhansali for defendant present.
Matter stands Adj to 29-09-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Anurag Dwivedi and witness Shishu Pal Saini present.
Adv. Pooja Tripathi for plaintiff present.
Adv. Ganesh Bajpai h/f Ms. P. M. Bhansali for defendant present.
Exh.17 application filed by defendant for inspection of documents.
Copy served to the plaintiff.
Exh.18 affidavit filed by plaintiff u/s 63 of BSA.
Copy served on other order.
Exh.19 affidavit filed by plaintiff u/s 63 of BSA.
Copy served on other order.
Put up suit for reply on Exh.17.
Matter stands Adj for Reply on Exh.17 on 30.10.2025.
Next Purpose: REPLY
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. Ganesh Bajpai for defendant present through VC.
On the oral request of advocate for plaintiff, matter stands Adj to 10-11-2025 for reply on Exh.17 as a last chance.
Next Purpose: REPLY
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: Adv. S. K. Shukla present for plaintiff.
Adv. Dharini Jain present for defendant through VC.
Exh.20. Reply filed by plaintiff on Exh.17.
Copy be served to other side.
Matter stands Adj to 02.12.2025 for Argument on Exh.17.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. Rajlakshmi Punjabi for defendant present.
Heard both parties on Exh.17.
Order on Exh.17 -
Heard both parties. Defendant filed this application for inspection of original documents on which plaintiff rely. Plaintiff objected this application on ground that, it is not timely filed. Plaintiff already filed evidence affidavit of PW1 and PW2 on 3rd April, 2025. It appears that plaintiff is relying on few original documents. Hence, Exh.17 is allowed to the extent of original documents.
Matter stands Adj to 22.01.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. P. M. Bhansali for defendant present through VC.
Matter stands Adj to 07-02-2026 for compliance of Exh.17.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. P. M. Bhansali for defendant present through VC.
Adv. Arafat Siddique for defendant present in Court hall.
Matter stands Adj to 06-03-2026 for inspection of documents.
Next Purpose: FOR___________________
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Adv. Pooja Tripathi for plaintiff present through VC.
Adv. Kirti Vengurlekar for defendant present through VC.
Sufficient time was granted for inspection of documents. So put up suit for further examination in chief and marking of documents. Respective party may raise its objection to any document during course of evidence.
Matter stands Adj to 15-04-2026 for further examination in chief and marking of documents, if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: Adv. Rupali Shrivas h/f Adv. Pooja Tripathi for plaintiff present through VC.
Plaintiffs witness absent.
Adv. P. M. Bhansali for defendant present through VC.
As per order dt 06.03.2026 suit is posted for further examination in chief and marking of documents as long back plaintiff filed evidence affidavit of PW-1 and PW-2. Advocate for plaintiff submit that advocate on record is not available and time may be granted. Submission is accepted and time is granted as a last chance.
Matter stands Adj to 23-04-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Adv. Pooja Tripathi for plaintiff present.
PW-1 Shishu Pal Saini is present
PW-2 Anurag Dwivedi is present.
Adv. P. M. Bhansali for defendant present through VC.
Kept back for further examination in chief and marking of documents.
Later on at 01.45 pm
Same appearance for plaintiff.
Adv. P. M. Bhansali for defendant present in Court hall.
In this suit plaintiff filed evidence affidavit of two witnesses on 03.04.2025. Plaintiff has not filed separate compilation of documents. Advocate for plaintiff submit that whatever documents plaintiff filed along with plaint are the documents on which plaintiff want to rely. Advocate for plaintiff further submit that copies of documents annexed with plaint in fact is in form of secondary evidence. On being asked Ld. Advocate for plaintiff submit that few originals are in custody of other side. However, record reveal that plaintiff has not issued any notice to other side calling upon defendant to tender these original documents on record. Ld. Advocate for defendant deny that defendant should have any such original documents with them.
In order to lead secondary evidence, plaintiff will have to satisfy requirement of Section 65 of Indian Evidence Act. In such circumstances, further examination in chief can not be recorded. Plaintiff is directed to take appropriate steps.
Matter stands Adj to 18-06-2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Adv. Pooja Tripathi for plaintiff present through VC and prayed for time to take appropriate steps.
O- Suit is of the year 2019, hence, last chance granted.
Adv. P. M. Bhansali for defendant present through VC.
Matter stands Adj to 16-07-2026 at 02.45 pm for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Matter is at 02.45 pm.
Adv. Deepali Sheth i/b Adv. Pooja Tripathi for plaintiff present and filed an application seeking time to lead secondary evidence. TOR and marked as Exh.21.
Adv. Kirti Vengurlekar h/f Adv. P. M. Bhansali for defendant present through VC and objected the same on the ground that inspite of previous direction no steps are taken.
Order- The suit is of the year 2019 and evidence affidavit were filed on 03.04.2025, however, the original documents were not filed on record. On 23.04.2026 plaintiff were directed to take appropriate steps which are not taken. Again on oral request of plaintiff on 18.06.2026, last chance was granted. Inspite of it today again the application is moved to seeking time to lead secondary evidence. However, instead of taking appropriate steps, the application is filed though Adv. Sheth submitted that notice under Order 11 Rule 16 of CPC was issued, however, I am of view that the said steps taken by plaintiff at belated stage. Hence, I dont find any merit in the application. Hence, application stands rejected. Put up the suit for dismissal on next date, if plaintiff fail to take appropriate steps.
Matter stands Adj to 29-08-2026 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: Adv. Pooja Tripathi for plaintiff present requested for time to take steps.
Authorised officer of plaintiff present.
Matter stands Adj to 03.10.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2026Filing Number: 103912/2019 Filing Date: 30-03-2019 First Hearing Date: 24th April 2019 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: CS No. 100003 / 2019 Metro – MSRTC Issues & CMH (Exh.13) 1 of 2 City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court Commercial Suit No. 100003 / 2019 Metro Ortem Ltd. Vs. MSRTC MHCC010036552019 Exhibit No. 13 I S S U E S 1) Does plaintiff prove that, the Rate Contract bearing No. 38 / 2018-2019 and 38-A-535 of 2018-2019 is void? 2) Is Suit filed within…
Order Details: Notice of Motion Pdf Text: N/m No. 2138/21 in Comm. Suit No. 3/19. 1 Order. MHCC010070672021 Presented on : 20-09-2021 Registered on : 20-09-2021 Decided on : 09-12-2021 Duration : 0 years, 2 months, 19 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2138 OF 2021 IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (COURT ROOM…
Order Details: Order below exhibit Pdf Text: N/m No. 1707/19 and Exh.4 in Comm. Suit No. 3/19. 1 Combine Order. MHCC010046762019 Presented on : 30-04-2019 Registered on : 30-04-2019 Decided on : 08-04-2021 Duration : 1 years, 11 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1707 OF 2019 AND APPLICATION (EXHIBIT 4) IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM :…
Order Details: Notice of Motion Pdf Text: N/m No. 1707/19 and Exh.4 in Comm. Suit No. 3/19. 1 Combine Order. MHCC010046762019 Presented on : 30-04-2019 Registered on : 30-04-2019 Decided on : 08-04-2021 Duration : 1 years, 11 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1707 OF 2019 AND APPLICATION (EXHIBIT 4) IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM :…
Order Details: Other Pdf Text: CS No. 100003 / 2019 Metro – MSRTC Issues & CMH (Exh.13) 1 of 2 City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court Commercial Suit No. 100003 / 2019 Metro Ortem Ltd. Vs. MSRTC MHCC010036552019 Exhibit No. 13 I S S U E S 1) Does plaintiff prove that, the Rate Contract bearing No. 38 / 2018-2019 and 38-A-535 of 2018-2019 is void? 2) Is Suit filed within…
Order Details: Notice of Motion Pdf Text: N/m No. 2138/21 in Comm. Suit No. 3/19. 1 Order. MHCC010070672021 Presented on : 20-09-2021 Registered on : 20-09-2021 Decided on : 09-12-2021 Duration : 0 years, 2 months, 19 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2138 OF 2021 IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (COURT ROOM…
Order Details: Order below exhibit Pdf Text: N/m No. 1707/19 and Exh.4 in Comm. Suit No. 3/19. 1 Combine Order. MHCC010046762019 Presented on : 30-04-2019 Registered on : 30-04-2019 Decided on : 08-04-2021 Duration : 1 years, 11 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1707 OF 2019 AND APPLICATION (EXHIBIT 4) IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM :…
Order Details: Notice of Motion Pdf Text: N/m No. 1707/19 and Exh.4 in Comm. Suit No. 3/19. 1 Combine Order. MHCC010046762019 Presented on : 30-04-2019 Registered on : 30-04-2019 Decided on : 08-04-2021 Duration : 1 years, 11 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1707 OF 2019 AND APPLICATION (EXHIBIT 4) IN COMMERCIAL SUIT NO. 3 OF 2019 Metro Ortem Limited ...Plaintiff Versus Maharashtra State Road Transport Corporation ...Defendant CORAM :…
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