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Commercial Suit

Cubic Turnkey Pvt LtdVsKumar Urban Development Pvt LTd

CNR MHCC01003655202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100899/2021
Registration Date
04 Nov 2020
Next Hearing Date
23 Oct 2026
Case Stage
SUMMONS FOR JUDGEMENT HEARING

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Cubic Turnkey Pvt Ltd

Respondent

  1. 1Kumar Urban Development Pvt LTd

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec Order 37

Case History / Proceedings

Case History
Date: 19-01-2021
Business: Adv. Snehal Marathe for plff is present.
None for deft.
Adv. for plff filed an application for issuing summons for deft t.o.r marked at Exh.2.
Heard.
Order below Exh.2.
Allowed in terms of prayer clause. Service through speed post/RPAD is allowed r/o on 08.03.2021.
Adjd for report on 08.03.2021.
Next Purpose: REPORT
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Snehal Marathe for plaintiff is present.
None for defendant.
On oral request of Adv.for plaintiff matter KB for filing affidavit of service.
KB LO at 3.05 p.m.
Adv.for the plaintiff has filed affidavit of service T.O.R marked at Exh.3.
None appeared for the defendant. Case to proceed ex-parte against defendant.
Matter adjd for ex-parte evidence to 22.04.2021.
Next Purpose: EX-PARTE EVIDENCE
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: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv.Mrs.Snehal Marathe for plaintiff present.
Adv.Mr.Murlidhar Kumar i/b.AVS Legal present and filed vakalatnama, Exh.4 on behalf of defendant t.o.r. O-filed.
Adv. for defendant filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
The plaintiff wants to challenge jurisdiction of this Court. She intends to file notice of motion in that regard.
Matter adjd to 12.08.2021 for reply of NM filed today.
                                                                                              Judge
LO at 01.35 pm
Adv.Mr.Murlidhar Kumar of defendant present and filed registered NM No.1687/2021 a/w. registered affidavit in support of NM No.1687/2021 t.o.r.
Matter adjd to 12.08.2021 for reply of NM filed today.
Next Purpose: REPLY
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present for plaintiff.
Adv. Atul Singh i/b AVS Legal for defendant present.
    The plaintiff has not filed reply to NM No.1687/21.
Adjd to 20.08.2021 for order against plaintiff for not filing reply to NM.
L.O. at 01.10 p.m.
Adv.Snehal Marathe for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 20-08-2021

Date: 12-08-2021
Business: None present for plaintiff.
Adv. Atul Singh i/b AVS Legal for defendant present.
    The plaintiff has not filed reply to NM No.1687/21.
Adjd to 20.08.2021 for order against plaintiff for not filing reply to NM.
L.O. at 01.10 p.m.
Adv.Snehal Marathe for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv.Snehal Marathe for plaintiff present.
Adv.Harsh Pandey i/b.AVS Legal for defendant present.
Adv.of plaintiff tendered reply to NM No.1687/21, Exh.5.
Heard both parties on NM No.1687/21.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.1687 of 2021 is allowed, subject to costs of Rs.1,500/-(Rupees One Thousand Five Hundred Only).
2. The delay in entering appearance of the defendant is condoned.
3. The Order dated 08.03.2021, directing the suit to proceed ex-parte is set aside.
4. The Notice of Motion No.1687/2021 is disposed off accordingly.
Matter adjd to 18.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Mr.Naresh Panchal, Adv.clerk present and filed application, Exh.6 for matter taken on today\''s board. O-Allowed.
Mr.Naresh Panchal filed vakalatnama, Exh.7 for AVS Legal on behalf of defendant t.o.r.
Matter adjd to 18.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As on 18-10-2021 holiday declared.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present for plaintiff.
Adv.Mitika Agrawal i/b.AVS Legal for defendant present.
KB
LO at 12.37 pm,
Adv.Mitika Agrawal i/b.AVS Legal for defendant present.
The defendant tendered pursis, Exh.8 a/w. copy of correspondence dated 29.09.2021 made with the plaintiff. Thereby compliance of order dated 24.09.2021 as to payment of costs of Rs.1,500/- has been made. In view of same ex-parte order has been set aside and delay in filing appearance has been condoned.
Matter adjd to 13.12.2021 for steps by the plaintiff for filing summons for judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: FOR TAKING STEPS
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 11.02.2022 for Steps for filing Summons for Judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present for plaintiff.
Adv.Mitika Agrawal i/b.AVS Legal for defendant present.
In view of SOP dated 06.01.2022, matter adjd to 03.03.2022 for filing summons for judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv. Sanskar Marathe present for plaintiff.
Adv. Mitika Agrawal i/b AVS Legal present for defendant.
The plaintiff tendered draft summons for judgment alongwith affidavit. O- Leave granted to register the summons for judgment. Copy of same is received by the defendant today.
Matter adjd to 19.03.2022 for filing leave to defend within stipulated time.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for plaintiff.
Adv.Mitika Agrawal i/b.AVS Legal for defendant present.
The plaintiff has not tendered registered summons for judgment. The defendant orally requested for time to file leave to defend.
Matter adjd to 04.04.2022 for order against plaintiff as registered summons for judgment is not tendered.
Next Purpose: ORDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv.Sanskar Marathe for plaintiff present.
None present for defendant.
The plaintiff tendered registered summons for judgment No.93/2022 a/w. affidavit t.o.r.
          Copy of SJ is received by the defendant on 03.03.2022. The defendant No.1 is absent and not filed leave to defend within time. Hence, case to proceed without leave to defend.
KB
LO at 12.15 pm,
Adv.Sanskar Marathe for plaintiff present.
Adv.Mitika Agrawal i/b.AUS Legal for defendant present.
      The plaintiff filed application to convert the suit as commercial summary suit t.o.r. and marked as Exh.9. Copy of same is furnished to the defendant.
Matter adjd to 25.04.2022 for reply in Exh.9 and steps by the pltff. for filing claim affidavit.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv.Snehal Marathe for plaintiff present.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Snehal Marathe for plaintiff present.
Defendant absent. No reply filed on Exh.9.  No reply filed by the defendant.
Heard Adv.of plaintiff on Exh.9.
Matter adjd to 15.06.2022 for order on Exh.9.
                                                                                              Judge
LO at 01.40 pm,
Adv.Mitika Agarwal i/b.AVS Legal for defendant present. She requested time for argument on Exh.9. She intends to file draft notice of motion for delay condonation in filing leave to defend.
KB
LO at 02.50 pm,
Adv.Mitika Agarwal i/b.AVS Legal for defendant present.
Adv.of defendant filed draft notice of motion (delay condonation for leave to defend) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The defendant also tendered leave to defend. It is keep for order after decision of today\''s draft notice of motion.
The defendant undertakes to serve the copies of draft notice of motion, affidavits and leave to defend on the plaintiff.
Matter adjd to 15.06.2022 for order on Exh.9, reply to NM by pltff.
Next Purpose: ORDER
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: None present for plaintiff.
Adv Mitika Agarwal i/b AVS Legal present for defendant and tendered registered NM No. 1788/2022.
K.B. L.O. at 12.55 p.m.
Adv Snehal Marathe for plff present.
Adv Mitika Agarwal i/b AVS Legal present for defendant.
Argument partly heard of adv of both parties on Exh.9. O-Call report of Addl. Registrar on Exh.9
Adv of plff seeks time for filing copy of direction of Honble High Court in regard to the jurisdiction of Commercial Court.
Matter adjd to 06.07.2022  for report and hearing on Exh.9 and reply to NM.
Next Purpose: REPORT
Next Hearing Date: 06-07-2022

Date: 15-06-2022
Business: None present for plaintiff.
Adv Mitika Agarwal i/b AVS Legal present for defendant and tendered registered NM No. 1788/2022.
K.B. L.O. at 12.55 p.m.
Adv Snehal Marathe for plff present.
Adv Mitika Agarwal i/b AVS Legal present for defendant.
Argument partly heard of adv of both parties on Exh.9. O-Call report of Addl. Registrar on Exh.9
Adv of plff seeks time for filing copy of direction of Honble High Court in regard to the jurisdiction of Commercial Court.
Matter adjd to 06.07.2022  for report and hearing on Exh.9 and reply to NM.
Next Purpose: REPORT
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Senhal Martha Present for Plff.
Adv. Mitika Agarwal Present for Deft.
Addl. Registrar filed report.
Ex.11. Adv of plff filed reply to NM 1788/22.
Ex.12.- adv of plff has filed photocopy of letter dt.06/09/2021 of Hon’ble Registrar General High Court Bombay with pursis.
Adj. For Hearing on NM 1788/22 and SJ 93/22 on 25/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Smt. Snehal Marathe for plaintiff present.
Adv. Ms. Nitika Agrawal i/b. AVS Legal for defendant present.
Advocate for plaintiff seeks time for adjournment.
Case adjourned for hearing on NM, SJ and Exh.9 to 23/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Sanskar Marathe Present for Plff.
Adv. Kumar Shivam h/f Adv. Agarwal Present for Deft.
Adv of deft requested for adjournment. Otherside given no objection.
Adj. For Hearing on NM 1788/21, SJ 93/22 and Ex.09 on 14/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: None Present for Plff.
Adv.Mitika Agarwal I/b AVS Legal Present for Deft and seeks time for hearing on NM and SJ. Granted.
Adj. For Hearing on Ex.09, NM 1788/22 and SJ 93/22 on 03/10/202.
Adv. Sanskar Marathe Present for Plff.
Adj. For Hearing on Ex.09, NM 1788/22 and SJ 93/22 on 03/10/202.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv Bhanu Chopda a/w Adv  Nitika Agarwal for defendant plaintiff present and contended that adv of plaintiff intimated him that he is not available in first sessions.
Case adjd  for hearing on Exh.9, nm no. 1788/22 and SJ no. 93/2022  on 18.10.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Snehal Marathe Present for Plff.
Adv. Bhanu Chopra a/w Adv. Nitika Agrwal I/b AVS Legal Present for Deft.
Heard adv of both parties on ex.09.
Adj. For Order on Ex.09 and hearing on NM 1788/22  and SJ 93/22 on 02/11/2022.
Next Purpose: ORDER
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Karishama Mungekar h/f Adv. Sanskar Marathe Present for Plff.
Adv. Nitika Agarwal I/b AVS Legal Present for Deft.
F.R.S.R. following order passed on Ex.09.
Application Ex.09 is rejected.
Adv of plff seeks time for hearing on NM 1788/22. Granted.
Adj. For Hearing on NM 1788/22 and SJ 93/22 on 25/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Karishma Mungekar h/f Adv. Sanskar Marathe Present for Plff.
Adv. Nikita Agarwal I/b AVS Legal Present for Deft.
Adv of plff seeks adjournment for argument on the ground that adv on record is not available. Granted.
Adj. For Hearing on NM 1788/22 and SJ 93/22 on 20/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Snehal Marathe Present for Plff.
Adv. Bhanu Chopara I/b AVS Legal Present for Deft.
Heard argument adv of both parties on NM 1788/22.
Adj for Order on NM 1788/22 and hearing on SJ 93/22 on 12/01/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Adv. Snehal Marathe Present for Plff.
Adv. Bhanu Chopaa a/w Adv. Agarwal I/b AVAS Legal
F.R.S.R. following order passed on NM 1788/2022.
Notice of Motion is allowed as under.
(i) Delay caused in filing reply to Summons for Judgment No.93/2022 is condoned subject to cost of Rs.2,000/- to be paid to the plaintiff within 15 days.
(ii) After compliance of above condition, the reply will be taken on record.
Adj. For Compliance and hearing on SJ 93/22 on 23/01/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None Present for Plff.
Adv. Mitika Garwal I/b AVS legal Present for Deft.
Exh.13 - adv of deft has filed application along with acknowledgement regarding payment of costs as per order dt. 12/01/2023 passed on NM 1788/22.
As the condition is complied the reply to SJ 93/22 is taken on record and marked Exh.14. Copy be supplied to otherside.
Adj. For Hearing on SJ 93/22 on 09/02/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present for plaintiff.
Adv. Nitika Agarwal I/b AVS Legal for defendant present.
Case adjourned for hearing on SJ No. 93 of 2022 to 09-03-2023
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. Snehal Marathe for plaintiff present.
Adv. Mitika Agarwal for defendant present.
Adv.of defendant sees adjournment for hearing on SJ.
Adv.of plaintiff has given no objection for adjournment. Adjournment granted.
Case adjd for hearing on SJ No. 93/22 to 06.04.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Snehal Marathe Present for Plff.
Adv. Nikita Agarwal ib/ AVS Legal Present for Deft.
Adv. Aliya Ambare present for the Intervention.
Exh.18- Adv Aliya Ambare has filed application on behalf of Trikal Threaters and Realty India PVT LTD for time to file application for intervener along with copy of board resolution. Application seen and filed.
Adj. For Hearing on SJ 93/22 on 12/06/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: 12.06.2023
28
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm SU 899/2021 @ Summ for Judgt 93/2022
Exh 19
Adv.  Snehal Marathe for plaintiff present.
Adv. Mitika Agrawal i/b AVS legal for defendant present.
Adv. Dhanalakshmi Iyer i/b Aliya Ambare & associaties for intervener present.
Exh 19 -Ld. Adv. for plaintiff filed affidavit in reply to Exh 18 intervention application.
Copy served to deft. And intervener
Ld. Adv. of deft. Prayed for time to file affidavit in reply to Exh 18 intervention application.
Order – Time Granted as prayed for.
Adjd to  05/07/2023  for affidavit in reply.
								Judge
Next Purpose: REPLY
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: None present for plff.
Adv. Mitika Agrawal i/b AVS Legal present for deft.
Ld adv for deft orally requested KB.
LO 12.45 pm.
Adv. Mitika Agrawal i/b AVS Legal present for deft.
Adv. Jyoti Korade present for intervener.
Adv for deft filed say on the intervention application itself.
Adj. for Hearing on Exh.18 and hearing on SJ 93/22 on 27/07/2023.
Next Purpose: HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: None for plaintiff.
Adv. Muzammil i/b AVS Legal for defendant is present.
Ld. advocate for intervenor absent.
Matter is adj for hearing on Exh. 18 and hearing on S.J.  to 05/09/2023.
L.O at 12.30 p.m.
Same appearance of defendant.
Adv. Snehal Marathe for plaintiff for is present.
Adv. Dhanlaxmi Iyyer for intervenor is present.
Matter is adj for hearing on Exh. 18 and hearing on S.J.  to 24/08/2023.
Next Purpose: HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Snehal Marathe for plaintiff is present.
Adv. Muzammil i/b AVS Legal for def. is present.
Adv. Bhayalaxmi Dakuwa h/f Adv. Dhanlaxmi Ayyar for intervenor is present.
Ld. adv for the def submits that, the def. has no objection to the intervention application Exh. 18.
Heard the ld. adv of intervenor, the plaintiff and defendant.
Matter is adj for order on Exh. 18 to 30/09/2023.
Next Purpose: ORDER
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: Adv. Smt. Tejaswini Kakde for plaintiff present.
Adv. Murlidharan a/w. Adv. Mohammed Muzammil i/b. AVS Legal for defendant present.
Adv. Smt. Arya Ambre for Intervenor present.
Matter is adj for order to 11/10/2023.
Next Purpose: ORDER
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Snehal Marathe for plaintiff is present.
Adv. Dhanalaxmi Ayyar h/f Adv. Aarya Aambre for intervenor is present.
Adv. Murlidhar Kumar for def. no. 2 is present.
Matter is adj for order on Exh. 18 to 25/10/2023.
Next Purpose: ORDER
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: None present.
L.O at 01.15 p.m.
Adv. Snehal Marathe  for plaintiff is present.
Adv. Muzammil i/b AVS Legal for def is present.
Adv. Dhanlaxmi Iyyer for intervenor is present.
Order Below Exh. 18
The present application is filed by intervenor namely Trikal Theaters and Reality India Pvt. Ltd. through its authorized signatory for permission to intervene in the present matter and for directions to the plaintiff to add the intervenor as additional party.  The  plaintiff has filed reply affidavit at Exh. 19.  It is necessary to mention here that as per the provisions of the City Civil Court Rules framed under the City Civil Court Act, 1948, the intervenor needs to take out Notice of Motion for the prayer made in the present application.  The present application is therefore, not maintainable in its form.  Hence, it is hereby disposed off with liberty to the intervenor to file Notice of Motion with the same prayers.  All the parties to take note of the present order.
Matter is adj for steps to 06/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: None present for plaintiff.
Adv. Dhanalaxmi Ayyar for Intervener is present and tendered draft notice of motion alongwith affidavit.
O-Leave granted to register Notice of Motion.
Copy be served to the other side.
Adv. Mohammed Muzammil i/b AVS Legal for def. is present.
Matter is adj. for Notice of Motion returnable to 12.01.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Adv. Snehal Marathe for plaintiff is present.
Adv. Mohammed Muzammil i/b AVS Legal  for def. is present.
Adv. Rutuja Varadkar i/b Adv. Dhanlaxmi for applicant/
intervenor is present and and tendered registered NM no. 4762/2023 along with affidavit in support. Copy of the same is  served today to the plaintiff.
O- Ld. Adv of intervenor is directed to supply copy of NM to the ld. Adv of def.
Matter is adj. for compliance and reply to 23/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Snehal Marathe for plaintiff is present and filed reply affidavit in NM No. 4762/2023. Copy already served to other side.
Adv. Mohammad Muzammil i/b AVS legal for def.  is present.
Adv. Prajkata Tayade for intervenor present and served the copy of NM No. 4762/2023 on the Ld. Adv of Deft.
Adv of Deft seeks time to file reply affidavit on the NM of intervenor. O- Time granted as a last chance.
Matter is adj. for reply affidavit by deft to 01.03.2024
Next Purpose: REPLY
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Snehal Marathe for plaintiff is present.
Adv. Rutuja Vadalkar a/w Adv. Prajakta Tayade i/b Dhanlaxmi Iyer for intervenor is present.
Adv. Muzammil i/b AVS Legal for defendant is present and submitted that the defendant has no objection to the Notice of Motion taken out by the intervenor therefore, defendant will not file any reply affidavit to the said motion.
Matter is adj. for NM hearing to 26/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Adv. Snehal Marathe for def. is present.
Adv. Prajakta Tayade and Adv. Jyoti Korade i/b Dhanalakshmi Iyer for intervenor is present.
Adv. Mohammed Muzammil for defendant is present.
Heard Ld. Adv of intervenor, Ld. Adv. of plaintiff and ld. Adv of defendant on NM No. 4762/2023.
Matter is adj. for NM order to 15/04/2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: None present for plaintiff.
Adv. Mohammed Muzammil i/b. AVS Legal for defendant present.
None present for Intervenor.
Court busy in other matters hence, adjourned.
Matter is adj. for  NM order to 03.05.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: None present for plaintiff.
Adv. Mohammed Muzammail i/b AVS Legal for for def. is present.
Adv. Aditi Raikar for intervenor is present.
Following order is passed in NM No. 4762 of 2023
For the reason separately recorded.
Operative part of order.
1.	Notice of Motion No.4762 of 2023 in Commercial
Suit No.899 of 2020 is hereby partly allowed.
2.	The plaintiff is directed to add the Applicant/Intervenor Trikaal Theatres & Realty India Pvt. Ltd. as defendant No.2 in Commercial Suit No.899 of 2020.
3.	After addition of the Applicant/Intervenor in the Suit as defendant No.2, it is permitted to deposit an amount of Rs.15,00,000/-(Rupees Fifteen Lacs only) through Bank Demand Draft with the Registry of the Bombay City Civil Court but, the said amount shall not be deposited as full and final settlement of the claim of the plaintiff.
4.	The prayer of the Applicant/Intervenor to accept amount of Rs.15,00,000/- as full and final settlement of the claim of plaintiff is hereby rejected.
5.	The plaintiff to carry out amendment as directed above, within a period of 45 days from today and thereafter file on record the amended plaint.
6.	Notice of Motion is disposed off accordingly.
Matter is adj. for compliance to 15/06/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Matter pertains to C. R. no. 32
None present for plaintiff.
Adv. Prajakta Tayade i/b Dhanalaxmi Iyer for Intervenor present and filed pursis alongwith copy of endorsement of amount deposited with the registry of The Bombay City Civil Court vide D.D. No. 502078 dated 11.06.2024 of Rs. 15,00,000/- as per order dated 03.05.2024. O- Filed.
Matter adj. to  11.07.2024  for filing amended copy of plaint.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Adv. Snehal Marathe for plaintiff is present.
Exh. 1/1 – Amended copy of plaint filed by ld. Adv of plaintiff.
Ld. adv of plaintiff also tendered draft NM  along with affidavit in support. O.-Leave granted to register it.
Copy is served to the other side.
Adv. Murlidhar Kumar for def.no.1 is present.
Adv. Prajakta Tayade i/b Adv. Dhanlaxmi Iyyar for defendant. no. 2 is present.
ORDER: As there is an element of settlement between the parties hence, parties are hereby referred to a Judge Mediator.
Matter is adj. for mediation report (NM returnable and NM reply) to 13/08/2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: (Matter pertains to CR-32.)
Adv. Snehal Marathe present for plaintiff in C.R. No. 32 and tendered registered NM no. 3386/2024 along with affidavit in support.
Adv. Prajakta Tayade h/f Adv. Dhanlaxmi Iyyar present for defendant in C.R. No. 32.
Mediation report is not yet received.
Matter is adj. for NM reply and mediation report to 23/09/2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: Court is vacant hence adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Court is vacant hence adj.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to Court Room No.32.)
Not on Board. Taken on Board.
Exh. 20- Mediation report was received from mediation centre. Taken on record.
Matter is already adjourned to 16.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: Court is on vacant. Hence, adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: PO is on leave hence adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: Parties are absent.
None  present for plaintiff.
Adv. Arya Ambre present for defendant no.2.
Exh.21- Affidavit in reply of the defendant no. 1 filed by ld. Adv of defendant no. 1.  O- Read and Record.
Exh.22 – Affidavit in reply of defendant no. 2 filed by defendant no. 2. O – Read and Record.
Except Sr. Nos. 1 to 10 and Sr. Nos. 55 to 60 rest of the board is discharged hence, adjourned.
Matter is adj. for NM hearing to 04.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Parties are absent.
Adv. Snehal Marathe present through V.C. for plaintiff.
Adv. Murlidharan present for defendant no.1.
Adv. Aarya Ambre present for defendant no.2 and tendered draft NM along with affidavit in support. O.-Leave granted to register it.
Matter is adj. for NM hearing  to 11.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Parties are absent.
Adv. Snehal Marathe present for plaintiff.
Adv. Murlidhar Kumar present for defendant no.1.
Adv. Arya Ambhre present for defendant no.2.
        As court is busy in recording evidence in Com. Suit No. 935/2021 since 11.15 a.m. to 04.40 p.m. hence, rest of the board is discharged.
Matter is adj. for S.J. hearing to 13.11.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: Parties are absent.
Adv. Snehal Marathe present for plaintiff.
Adv. Murlidhar Kumar  present for defendant no. 1.
Adv. Aarya Ambre present for defendant no. 2.
Registered NM No. 5319 of 2025 received from department.
Following order is passed in Notice of Motion No. 3386 of 2024
For the reason separately recorded.
        Operative part of order.
1.	Motion is partly allowed with proportionate cost.
2.      Plaintiff is allowed to withdraw Rs.15/- Lacs deposited by 	Defendant. No.02 in the Registry.
3.	Registry shall transfer the said amount electronically by 	the E-Way into account’s of plaintiff within a week from 	uploading order.
4.	The amount withdrawn would be adjusted as against suit 	claim while considering SJ/Suit on its own merits.
.	Motion is disposed off accordingly.
 .        Matter is further proceed in accordance of law.
Matter is adj. for Leave to defend/NM reply to 06.01.2026.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Parties are absent.
Adv. Snehal Marathe present for plaintiff.
Adv. Murlidhar Kumar  present for defendant no. 1.
Adv. Aarya Ambre present for defendant no. 2.
Following order is passed in NM No. 5319/2025
For the reason separately recorded.
        Operative part of order
1.	Notice of motion No.5319 of 2025 is dismissed.
2. 	Notice of motion No. 5319 of 2025 is disposed of 	accordingly.
Matter is adj. for S.J. reply to 02.02.2026.
Next Purpose: REPLY
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: Parties are absent.
Adv. Marathe present for plaintiff.
Adv. Jangam h/f Adv. Ambekar present for defendant no.2 and tendered draft NM along with affidavit in support. O.-Leave granted to register it.  Copy be served to the other side.
Matter is adj. for NM returnable to 23.04.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2026

Date: 23-04-2026
Business: P.O. is on half day leave (first session). Hence, matter is adjourned.
Matter is adj. for NM returnable to 22.06.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: Parties are absent.
Adv. Snehal Marathe present for plaintiff and filed reply to NM No. 2017/2026. TOR
Adv. Murdhar Kumar present for defendant no. 1.
Adv. Aarya Ambre present for defendant no. 2 and tendered registered NM No. 2017/2026 and orally seeking time for NM arguments.
Matter is adj. for NM hearing to 15.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: Parties are absent.
Adv. Snehal Marathe present through V.C. for plaintiff and submitted that her reply be treated as her arguments.
Adv. Murlidhar Kumar present through V.C. for defendant no.1.
Adv. Aarya Ambre present for defendant no.2
Ld. adv of defendant no.2 argue the NM.
Matter is adj. for NM order to 31.07.2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-07-2026

Date: 31-07-2026
Business: Parties are absent.
None present for plaintiff.
Adv. Aarya Ambre present through V.C. for defendant no.2.
Following order is passed in NM No.2017/2026
For the reason separately recorded.
        Operative part of order.
    1. Notice of motion No.2017 of 2026 is allowed subject to costs of Rs.3,000/- (Rupees Three Thousand only) payable to plaintiff within 1 (One) month.
    2. After payment of costs, leave to defend/affidavit in reply  of defendant No.2 be taken on record.
    3. Notice of motion No.2017 of 2026 is disposed of accordingly.
    4. Proceeding is closed.
Matter is adj. for compliance to 03.09.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Parties are absent.
Adv. Marathe present through V.C. for plaintiff
Adv.  Murlidhar Kumar present for defendant no.1.
Adv. Hema Prasad present for defendant no.2 and filed cost compliance pursis. TOR.
Deft. no. 2 is complied the order passed in NM No. 2017/2026 dt.31.07.2026 . Hence, reply of S.J of defendant no.2 is TOR Copy of the S.J. reply is already served to the other side.
Matter is adj. for S.J. hearing to 23.10.2026.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-10-2026

Additional Case Details

Additional Case Details
Filing Number: 104070/2020
Filing Date: 29-07-2020
First Hearing Date: 19th January 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

0

No order text is available in this record.

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