Date: 22-02-2021
Business: As P.O. is on online 40 hrs. mediation training programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.
Next Purpose: REPORT
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Fatima Shaikh h/f Adv. Agarwal for plaintiff is present.
None for defendant.
On oral request of Adv.for the plaintiff matter adjourned for filing SJ.
Matter adjd for filing SJ on 05.07.2021.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv.Fatima Shaikh h/f.Adv.Rakesh Agrawal for plaintiff present.
None present for defendant.
Due to rise in Covid cases, adjd to 19.07.2021 for filing of SJ.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Adv.Fatima Shaikh h/f. Adv.Rakesh Agrawal for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 27.07.2021 for service affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.30 pm
None present.
Matter adjd to 02.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv.Rahul Tiwari i/b.Rakesh Agarwal for plaintiff present.
None present for defendant.
Affidavit of service, Exh.3 filed by Adv. of plaintiff t.o.r
Summons are duly served to the defendant on 15.01.2021. The defendant has already appeared vide VP, Exh.2 on 19.01.2021. Plaintiff wants to file summons for judgment, adjourned for the same.
Matter adjd to 23.09.2021 for summons for judgment.
Next Purpose: FOR___________________
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv.Rahul Tiwari i/b.Adv.Rakesh Agrawal for plaintiff present.
Adv.Neel Gala for defendant present.
The plaintiff wants to file summons for judgment. Adjourned for same on 07.10.2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv.Rahul Tiwari h/f.Adv.R.K.Agrawal for plaintiff present.
None present for defendant.
The plaintiff tendered draft of summons for judgment a/w. affidavit in support. O-Leave granted to register summons for judgment.
Matter adjd to 28.10.2021 for service affidavit of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv.Rahul L.Tiwari for plaintiff present.
Adv.Neel Gala for defendant present.
The plaintiff tendered registered Summons for Judgment No.128/2021 alongwith affidavit t.o.r.
Copy of SJ and affidavit is served on the defendant today personally. The defendant acknowledged by endorsement thereon.
The defendant undertakes to file leave to defend within 10 days.
Matter adjd to 01.12.2021 for filing consideration of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: None for plaintiff.
adv. Neel Gala for defendant present and filed application for condonation of delay to file leave to defend. t.o.r. and marked as Exh.4 Other side to say.
he also placed on record affidavit in reply to s/j. t.o.r. _ It well be consider subject to desicion on Exh.4.
Matter is adjd.to. 11-01-2022 for say on Exh.4.
Next Purpose: FILING SAY
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Darpan Jain h/f.Adv.Rakesh Agrawal for plaintiff present.
Adv.Tushar Nagvekar i/b.Adv.Neel Gala for defendant present.
The defendant submits that he will file notice of motion for condonation of delay.
Matter adjd to 01.02.2022 for filing of NM by the deft.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Rahul Tiwari h/f.Adv.Rakesh Agarwal for plaintiff present.
Adv.Neha Mishra i/b.Adv.Neel Gala for defendant present.
The defendant filed draft notice of motion (delay) a/w. affidavit.
O-Leave granted to register the draft notice of motion.
Copy of same is furnished to plaintiff. Endorsement to that effect is made.
KB for reply.
LO at 11.58 pm,
Adv.Rahul Tiwari h/f.Adv.Rakesh Agarwal for plaintiff present.
Adv.Neel Gala for defendant present.
The plaintiff filed handwritten reply in draft notice of motion (Delay).
Heard both the sides on draft notice of motion.
F.R.S.R. the following order is passed.
ORDER
1. Draft Notice of Motion is allowed.
2. Delay in filing leave to defend cum reply to summons for judgment is condoned and leave to defend cum reply filed by defendant is taken on record.
3. Costs of this Notice of Motion is kept in cause.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
Judge
In view of above order leave to defend is t.o.r. and marked as Exh.5.. Copy of leave to defend is given to the plaintiff.
Matter adjd to 18.02.2022 for hearing of SJ/rejoinder if any. Rejoinder shall be served to the defendant well in advance before next date.
Next Purpose: HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv.Rakesh Agrawal for plaintiff present.
Adv.Neha Mishra i/b.Adv.Neel Gala for defendant present.
On oral request of plaintiff adjd for filing rejoinder.
Matter adjd to 04.03.2022 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv.Rahul Tiwari h/f.Adv.Rakesh Agrawal for plaintiff present.
Adv.Neha Mishra i/b.Adv.Neel Gala for defendant present.
The plaintiff filed adjournment application for time to file rejoinder t.o.r and marked as Exh.6. O-last chance granted.
Matter adjd to 23.03.2022 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: (Matter pertains to Court no.32)
Adv. Darpan Jain for plaintiff present.,
Adv. Neha Mishra for defendant present.
Adv. for plaintiff filed affidavit in rejoinder to reply of summons for Judgment. Copy tendered to defendant in court.
Matter adjd to 19.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv.Rahul Tiwari h/f.Adv.Rakesh Agrawal for plaintiff present.
Adv.Neha Mishra h/f.Adv.Gala for defendant present.
KB
LO at 12.45 pm,
Same appearance.
The defendant filed application for adjournment t.o.r. and marked as Exh.7. O-Last chance granted.
Matter adjd to 07.06.2022 for hearing of summons for judgment.
Next Purpose: HEARING
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present for plaintiff.
Adv Neha Mishra present for defendant and requested to keep back the matter.
K.B. L.O. at 11.55 a.m.
Adv Rakesh Agarwal for plff present.
Adv Neel Gala for deft. present.
Heard arguments of both sides.
Matter adjd to 16.06.2022 for SJ order.
Next Purpose: ORDER
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None present for plaintiff.
Adv Neha Mishra I/b Neel Gala present for defendant.
F.R.S.R. following order is passed in S.J. No.128 of 2021.
ORDER
1.Leave to defend the suit is granted to the defendant subject to depositing the amount of Rs.5,79,650/- in the court within 30 days from the date of this order.
2.If defendant failed to deposit amount within stipulated period, plaintiff shall proceed with the suit, as if there is no defence.A summons for judgment No. 128 of 2021 is disposed of accordingly.
Matter is adjd. to 11.07.2022 for compliance.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Darpan Jain for plaintiff present.
Adv. Shreya Mehta h/f Adv. Neel Gala for defendant present.
Matter adjd for compliance 15/07/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Darpan Jain Present for Plff.
Adv. Neel Gala Present for Deft.
Adv of deft filed draft NM along with affidavit for extension of time to comply order dt. 16/06/2021. - Leave granted to register NM.
Today copy of draft NM served on plff. Plff has given say on overleaf of NM.
Adj. For Returnable and Hearing NM on 05/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Darpan Jain Present for Plff.
Adv. Shreya Mehta h/f Adv. Neel Gala Present for Deft.
Adv of deft tendered registered NM 2621/22 along with affidavit.
Heard argument adv of both parties on NM 2621/22.
F.R.S.R. following order passed on NM 2621/22.
1. Notice of Motion No.2621 of 2022 is allowed as under.
2. Four weeks time extended to deposit the amount of Rs.5,79,650/- from 15/07/2022.
Adj. For Compliance on 12/08/2022 and WS on 24/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Shah I/b Adv. Rakesh Agarwal Present for Plff.
None Present for Deft.
As per order dt.05/08/2022 passed below NM 2621/22 extended period of four weeks completed on 12/08/2022. Thus deft has not complied order passed below SJ No.128/2021.
Hence case adj. For Final argument on 16/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Rakesh Agrawal Present for Plff.
Adv. Neel Gala Present for Deft.
Heard argument adv of both parties.
Ex.08- Adv of plff has filed list of citation.
Adj. For Judgment on 23/09/2022.
Next Purpose: JUDGMENT
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Darpan Jain I/b Rakesh Agrwal Present for Plff.
None present for Defendant.
Today case is for Judgment. However, it is noticed that the defendant was allowed to defend suit, subject to deposit of the amount of Rs.5,79,650/- as per order dated 05.08.2022, passed below NM.No.2621/2022 and Summons for judgment no.128/2021, dated 16.06.2022. However, defendant failed to comply the said order and hence, suit proceed at without written statement.
However, suit wrongly posted for hearing by skipping the stage of evidence without written statement.
Hence, it is necessary to fix the suit for evidence without written statement.
Hence, matter adjourned to 04.10.2022 for evidence without written statement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Darpan Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time to file Evidence without WS. Granted.
Adj. For Evidence without WS on 09/11/2022.
LO 1.00.
Adv. Sweely Jain I/b Neel Gala Present for Deft.
Adj. For Evidence without WS on 09/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv Shah I/b Rakesh Agarwal for plaintiff present.
Adv Pritesh Parmar h/f Adv Neel A Gala for defendant present.
KB.
L.O at 01.36 p.m.
Advocate of plaintiff seeks time of filing chief examination of witness. O: Granted.
Matter is adj to 30/11/2022 for filing chief examination of witness and WS.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: None present for both the parties.
KB
LO at 12.50 p.m.
Adv. Darpan Jain for plaintiff present.
Adv. Pritesh A. Parmar I/b. Adv. Neel A. Gala for defendant present.
Adv. of plaintiff seeks adjournment to file chief examination of plaintiff on the ground that she is old aged lady. Adjournment granted.
Case adjourned for evidence of plaintiff without written statement to 12.12.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Matter pertains to C. R. no. 32
Adv. C. R. shah along with adv. Darpan Jain i/b Adv. Rakesh Agrawal for plaintiff present.
Zaverben Gala, plaintiff present.
Adv. Sweety Jain for defendant present.
Affidavit of evidence of Zaverben Gangji Gala filed by adv. for plaintiff t.o.r. and marked as Exh.9 O- Read and recorded in evidence.
compilation of documents filed by adv. for plaintiff t.o.r. and marked as Exh. 10 O- Filed.
Copy of affidavit of evidence and compilation of documents be served to other side.
Adjd for marking documents/cross examination to
09/01/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Darpan Jain h/f Adv. Rakesh Agarwal Present for Plff.
Adv. Neel Gala a/w Adv. Sweety Jain Present for Deft.
Exh.11- Adv of plff has filed application for appointment of Court commissioner. Otherside to say. Copy served to otherside.
Adj. For Say on Ex.11, Marking of document and Cross examination on 01/02/2023.
Next Purpose: REPLY
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Darpan Jain h/f Adv. Rakesh Agrawal Present for Plff.
Adv. Pritesh Parmar I/b Adv. Neel Gala Present for Deft.
Adv of deft has given say on overleaf application Exh.11.
Heard argument of adv of both parties on Exh.11.
Adj. For Order on Exh.11 on 13/02/2023.
Next Purpose: ORDER
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Kunak Patel h/f Adv. Rakesh Agarwal for plaintiff is present.
None for defendant.
PO busy in judgment in Commercial Suit no.159 of 19, and NM no. 2193 of 22.
Matter adj to 02-03-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Darpan Jain h/f Adv. Rakesh Agrawal Present for Plff.
Adv. Pritesh Parmar I/b Adv. Neel Gala Present for Deft.
F.R.S.R. following order passed on Exh.11.
ORDER
Application Exh.11 stands rejected.
--------------------
Case adjourned for hearing on the point whether subject matter of the suit is commercial dispute under Section 2(1)(C) of the Commercial Courts Act to 01/04/2023.
Next Purpose: HEARING
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Shri Darpan Jain h/f. Adv. Agrawal for plaintiff present.
Adv. Pritesh A. Parmar i/b. Neel A. Gala for defendant present.
Advocate of plaintiff seeks adjournment on the ground that senior is in personal difficulty. Otherside has no objection for adjournment. Granted.
Case adjourned for hearing on the point whether subject matter is commercial dispute under Section 2(1) (c ) to 16/06/2023.
Next Purpose: HEARING
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: 16.06.2023
5
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 863/2021
Adv. Rakesh Agrawal for plaintiff present.
None present for defendant.
Heard arguments Ld. Adv. for plaintiff on the point of whether the suit is a commercial dispute under sec 2 (1) (c) of the Commercial Courts Act.
KB.
L.O. at 1.30pm
Adv. Darpand Jain h/f Adv. Agrawal for plaintiff present.
None present for defendant.
Adjd to13/07/2023 for Order regarding the maintainability of suit as a Commercial Suit.
Judge
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Darpan Jain h/f Adv. Rakesh K. Agarwal for plff present.
KB for order.
LO at 4.45 pm
None present for plff.
Adjd.to 17.07.2023 for order on the point of maintainability.
Next Purpose: ORDER
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Adv. S. T. Manek for plaintiff present.
Order Below Exh. 1.
O R D E R
(Delivered on 17/07/2023)
1. I have perused the contents of the plaint. According to the plaintiff she has given financial assistance by way of loan to the defendant. There is no pleading about any money lending license which is issued in favour of the plaintiff. Therefore, it prima-facie appears that plaintiff is not in the business of money lending hence, the dispute between the parties is not covered in the definition of “Commercial Disputes” as given in Section 2(1) (c) of the Commercial Court’s Act, 2015.
2. That in view of the above discussed position, the present suit is not triable as a Commercial Suit hence, the registry of this court is hereby directed to re-register the suit and assign the matter to some other court other than a Commercial Court. The plaintiff is directed to appear before the concerned court on 8/8/2023.
Matter is adj for compliance to 08/08/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.15)
Matter pertains to C.R.13
Adv. Sneha Vani present for legal heirs of plaintiff, tendered VP. TOR marked as Exh.12.
She also tendered draft CS @ affidavit TOR.
O- Leave granted to register.
None present for defendant.
Matter stands adjourned for CS reply on 15-02-2024
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Court is Vacant .
Next Purpose: C/S REPLY
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv. Dipak Shelar for plaintiff present.
None for defendant.
Adv for plaintiff tendered register Ch/s No. 2260/23 taken on record.
Order - Defendant to say.
Matter is adjourned to 12.08.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Adv. Shah for plaintiff present.
Adv. Raul for defendant present.
Matter is adjourned to 25.10.2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Adv. Sneha Wani for plaintiff present through VC.
None for defendant.
Matter is adjourned to 21.01.2025 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: P.O is on leave first session.
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: P.O. is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: None present.
Matter is adjourned to 08.10.2025 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: None present.
Matter is adjourned to 24.11.2025 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: Adv. Sneha Vani for proposed plaintiff present through VC.
Adv. Kaivalya Raul h/f Adv. Neel Gala for defendant present.
Matter is adjourned to 09.02.2026 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: Adv. Sneha Wani for plaintiff present through VC.
Adv. Tanvi Patil for defendant present and filed reply overleaf of Ch/s No.2260/2023.
ORDER BELOW CH.S NO.2260/2023
The Ch.s is filed to bring on record the legal heirs of plaintiff how died on 14.08.2023. By filing say overleaf the defendants gave no objection to allow the same. Heard both sides. Gone through the copy of death certificate which reveals plaintiff died on 04.08.2023 and is survive by the applicants who are the legal heirs. In view of the no objection, I proceed to pass following order -
ORDER
1. The Ch/s. No.2260/23 is allowed in terms of prayer clause (a) to (c).
2. The plaintiff to carry out amendment within stipulated period.
3. The Ch/s No.2260/2023 is disposed of.
Matter is adjourned to 02.04.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Adv. Sneha Vani for plaintiff present and sought extension of time to carry out amendment. Order - Time granted.
Adv. Kaivalya Raul for defendant present and filed draft Notice of Motion along with supporting affidavit for rejection of plaint. Taken on record. Order - Leave granted to register Notice of Motion.
Copy of draft NM supplied to Adv. Vani.
Matter is adjourned to 19.06.2026 for Compliance/NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Adv. Sneha Vani for plaintiff present through VC.
Adv. Tanvi Patil i/b Neel Gala for defendant present.
Adv for Defendant tendered register NM No.2518/2026 taken on record.
Copy is already served.
Matter is adjourned to 15.07.2026 for Reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2026
Date: 15-07-2026
Business: Plaintiff No.1b (P.O.A of plaintiff No.1a, 1c and 1d) Mr. Tokarshi Gala is present.
Adv. Pariket Shah for plaintiff is present.
Adv. Kaivalya Raul i/b Adv. Neel Gala for defendant is present.
Defendant Mr. Hiten Gala is present.
Exh.13 - Consent terms filed by both the parties alongwith photocopies of cheques, copies of three P.O.A.
ORDER
I have gone through Exh.13. It bears signature of POA of plaintiff, defendant and respective advocates. Both the parties admitted contents of Exh.13. Hence, Exh.13 is verified read and recorded. Thus, suit is disposed of as compromised. Consent decree be drawn up accordingly and Exh.13 shall be part of consent decree. Interim applications if any including NM No.2581/2026 also stands disposed of. Subject to stage of suit Court fees be refunded as per rules. Proceeding is closed.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 15-07-2026