Date: 20-06-2019
Business: Adv. Mohammed Iftikhar Ali for plaintiff present.
None present of defendant.
The Ld. Counsel for the plaintiff submitted that the writ of summons was issued and the summons was returnable today. He has inquired and it reveled that report is not prepared. He seeks time to file affidavit of service.
Adjourned for affidavit of service to 27.6.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Muhammed Iftikhar Ali for planitiff present.
The Ld. counsel fort the plaintiff submitted that licensee of defendant refused to accept the service on behalf of defendant, hence seeks extension of time to serve writ of summons.
Adjourned for affidavit of service of writ of summons to 20.7.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Adv. Muhammed Iftikha Ali for plaintiff present.
None present for defendant.
Original writ of summons tendered by advocate for plaintiff.
The Ld. counsel for the plaintiff submitted that he has collected the original writ of summons from the department. On perusal of it, it reveals that the defendants are not residing at their address since last three years and their whereabouts are not known. Plaintiff to take steps for service of writ of summons to the defendants.
Adjourned for steps to 9.8.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Muhammed Iftikhar for Ali for plaintiff present.
Affidavit filed by the plaintiff.
Application filed on behalf of plaintiff for service of writ of summons to the defendants by paper publication.
Order below Exh. 3
Read application and the supporting affidavit. Heard. The Ld. counsel for the plaintiff submitted that the defendant nos. 1 and 2 were served at their last known address. The report suggests that one Mrs. Shamla Murapethi is residing on Leave and License basis at the said premises. On inquiry by the bailiff she informed that, defendant nos. 1 and 2 were not staying in the said premises since last two years and their whereabouts are not known to her. The Ld. counsel for the plaintiff submitted that due to the said reason the summons could not be served in ordinary way and therefore prayed for service by paper publication.
The submissions are made by the plaintiff on affidavit. It appears that the defendant nos. 1 and 2 are not available at their last known address and therefore summons cannot be served to them in ordinary way. Hence it is expedient to pass following order.
ORDER
1. Application (Exh. 3) is allowed.
2. Plaintiff is permitted to serve the defendant nos. 1 and 2 by paper publication.
3. The plaintiff to take steps for serving the defendant nos. 1 and 2 by paper publication in two news paper widely circulated in the locality in which the defendant nos. 1 and 2 last known to have been resided.
3. In addition, the plaintiff to serve the defendant nos. 1 and 2 by pasting the copy of the summons at the last known address of the defendant nos. 1 and 2.
4. Application is disposed of accordingly.
Adjourned for affidavit of service of writ of summons to 14.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None present for plaintiff.
Adjourned as a last chance for filing service affidavit to 18.11.2019.
LO
Adv. Iftikhar for plaintiff present.
Defendant no. 2 is present. She seeks time to file written statement.
Adjourned for filing of service affidavit of defendant no. 1 and written statement of defendant no. 2 to 18.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. P. R. Yadav for defendants present.
Affidavit of service filed by the plaintiff.
Vakalatnama filed on behalf of defendant no. 2. O-Seen and filed.
Application filed by defendants for time to file written statement of defendants and vakalatnama on behalf of defendant no. 1.
Order below Exh. 3
The defendant no. 2 appeared on 14.10.2019 in the matter and sought time to file writtn statement. The Ld. counsel for the defendant 2 filed vakalatnama and sought time to file written statement for the reason that the instructions are to be taken from defendant no. 1 who is in jail and seeks time. The counsel for the plaintiff has given no objection. Hence application is allowed. In the interest of justice time is granted to file written statement.
______________________________________________
Adjourned for filing vakalatnama on behalf of defendant no. 1 and written statement of defendants to 10.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Mr. Ali for plaintiff present.
Adv. Ms. Nikam for deft. nos.1 and 2 present.
Exh. 4 Vakalatnama filed by Adv. Ms. Nikam for deft. no.1.
O. - Seen and filed.
Exh.5 Written statement filed on behalf of deft. no.2.
O. - Read and recorded.
Ld. counsel for deft. no.1 seeks time to file W/S on behalf of deft. no.1.
The matter is adjd for written statement to 19.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Mr. Mir for plaintiff present.
Adv. Mr. Yadav for deft. no.1 and 2 present.
Ld. counsel for deft. no.1 and 2 submitted that deft. no.1 is in jail and the jail authority has refused to take the signature of deft. no.1. He would submit that he would apply to the concerned court for obtaining the direction in this regard.
The matter is adjd for written statement to 13.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Ali for plaintiff present.
Adv. Yadav for defts. present.
Ld. counsel for deft. submitted that deft. no.1 is in judicial custody and he will approach to the appropriate court for taking signature of deft. no.1 and to sworn an affidavit. Granted as a last chance.
The matter is adjd for written statement to 24.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None for plaintiff.
Deft. no.2 present. Adv. P.R. Yadav for defts. Present.
Deft. no.1 filed W/S. T.O.R.
O. - Read and recorded.
The matter is adjd for inspection of documents to 07.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: None present for plaintiff.
Deft. no.2 present.
Last chance is granted to parties to produce the documents and for verification of documents.
The matter is adjd for documents to 13.02.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Mr. Ali for plaintiff present.
Deft. no.2 present.
Ld. counsel for plaintiff seeks time. Granted.
Matter is adjourned for inspection of documents and verification of W/S.
The matter is adjd for inspection of documents and verification of W/S to 20.02.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. Sarita Vishwakarma for deft. present.
Adv. for plaintiff filed affidavit of documents. T.O.R.
The matter is adjd for inspection of documents and verification of W/S to 05.03.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
None for deft.
Adv. for plaintiff filed draft issues. T.O.R.
On verification of W/S, the deft. has put up the defence as per order 8 rule 3(a) of C.P.C. for the trial.
Issues framed.
The matter is adjd for time management hearing to 17.03.2020.
Next Purpose: HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for evidence of plaintiff to 26.03.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to lead the evidence positively on next date. Both
side to submit schedule of case management.
Matter is adjd.to 05-02-2021 for R/E
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Mohd. Iftikhar for plaintiff present.
None for defendants no. 1 and 2.
Exh.8 - evidence affidavit of PW -1 - Damodar Bane
Exh.9 - List of documents.
In view of evidence of PW - 1 , following documents are
marked -
Exh. 10 - Declaration dtd. 20-09-2017 executed by
defendant no. 2 in favour of the plaintiff.
Exh.11 - Cheque no. 223792 of Rs. 4,50,000/- dtd. 09-11-
2018 drawn on Union Bank of India, Duncan Road Branch,
favouring plaintiff.
Exh. 12 - Bank Memo dtd. 12-11-2018 with remarks
funds insufficient
Exh. 13 - Office copy of the notice dtd. 30-11-2018
addressed by the plaintiff\''s adv. to the defendants together
with postal receipts.
Exh.14 - Returned envelope packet @ A/D Card
containing unclaimed notice 30.11.2018.
Defendants no. 1 and 2 and their adv.s are absent since
various dates. Plaintiff is directed to intimate defendants in
respect of progress in the case and appear on the next date
to conduct cross examination of plaintiff.
Matter is adjd.to 12-02-2021 for R/E (Cross
examination of Plaintiff).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Mr. M.I.Ali for plaintiff, supplied copy of Exh.8 and 9.
Adv. Mrs. Rupali Nikam for defendant, prayed for adjd for cross-examination.
Deft no.2 Rupa Chilveri is present.
Matter is adjd.to 22.02.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Mr. M.I. Ali for plaintiff present.
Adv. Ms. Rupali Nikam a/w adv. Mr. Yadav for defendant nos.1 and 2 present.
Plff is present.
Exh.15-Application submitted by deft. no.2 to produce deft no.1 before the court.- In reply strongly resisted by plff.
It is submitted by adv. Mr. Yadav that defendant no.2 Roopa is wife of deft no.1. Admittedly, W.S. on record is filed on behalf of both defendants. As, deft. no.1 is behind the bar at Taloja Jail, it is necessary for defendant no.2 to obtain proper instruction from husband of deft no.2 to submit the defence. Defendant no.2 doesn\''t know the entire record, accounts etc. It is prayed for issuance of production warrant or to arrange meeting of defendant no.2 with her husband to obtain all details of present suit.
Ld adv. Mr. Ali for plff. submits appropriate order may be passed.
Order below Exh.15-
There are in total three suits. It would be appropriate that deft no.2 along-with her lawyer be permitted to have conversation with defendant no.1(Ramchandra Chilveri). Suptd. of Taloja Jail is directed to permit adv. Mr. P.R. Yadav along-with deft no.2 Roopa Chilveri to have conversation with jail inmate deft no.1 i.e. Ramchadra Chilveri for 30 minutes in presence of responsible officer to obtain details in support of defence in present suit on 27.02.2021 between 9.30 to 11.30 a.m.
One copy in advance be send to Jail Supt. Taloja.
Authenticated copy of this roznama be issued to deft no.2. Jail Supt. to act upon authenticated copy of present roznama.
Authenticated copy be given to both parties.
Matter is adjd.to 06.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Mr. M.I. Ali for plaintiff, prayed for short adjd. to call witness.
Adv. Mr. P.R. Yadav for defendant nos. 1 and 2 present.
With consent and convenience of both side, case management hearing/ Scheduled is fixed as follows.
a) Cross-examination of PW-1 to be completed within a week from today.
b) Evidence affidavit of witnesses to be filed by deft. within a week from evidence closure of plff.
c) Cross-examination to be conducted by ld adv. for plff. within a week thereafter.
d) Evidence to be completed in a week of 22.03.2021.
e) Arguments to be conducted in 1st week of April.
f) Judgment to be delivered within a week from completion of argument.
Matter is adjd.to 08.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. M.I. Ali for plaintiff present.
Adv. Mr. P.R. Yadav for defendant nos.1 and 2 present.
Plff. and Deft no.2 are present.
Cross-examination of PW-1 Mr. Damodar Bale vide Exh.8 conducted by adv. Mr. Yadav.
Exh.16- Evidence close pursis filed by plff.
Matter is adjd.to 12.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Mr. M.I. Ali for plaintiff present.
Adv. Ms. Sarita Vishwakarma for deft nos.1 and2 present.
Deft no.2 is present.
At the request of both side adjd is granted.
Matter is adjd.to 19.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None for plaintiff.
Adv. Sarita Vishwakarma I/b Adv. Yadav for defendant no.1 and 2, prayed for adjournment to file evidence affidavit as defendant no.1 is in jail, Ld. Adv. for plaintiff requires to take instructions from Defendant no.1.
Matter is adjd.to 31.03.2021 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None for plaintiff.
None for defendant.
Deft.no.2 Rupa Chilveri prayed for adjmnt. as her lawyer is not feeling well.
Matter is adjd.to 09.04.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None for plaintiff.
Adv. Ms. Sarita Vishwakarma for defendant nos.1 and 2.
Matter is adjd.to 10.06.2021 for R/E (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Adv. M. I. Ali for plaintiff present.
None for defendant
Matter is adjd.to 16-07-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Adv. Muhammed Iftikhar Ali for Plaintiff present
None for Defendant present
Matter is adjd to 20-08-2021 for R/E P/H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. M. I. Ali for plaintiff present.
Adv. P. R. Yadav for defendants no. 1 and 2 present.
Adv. for defendants is directed to file evidence affidavits of witnesses.
Matter is adjd.to 08-09-2021 for R/E for deft.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Samina Ramdul for plaintiff present.
Defendant No. 2 present.
Matter is adjd.for evidence of defendants to 06.10.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Samina Ramdul for plaintiff present.
Defendant no. 2 present inperson and prayed for short adjournment due to ailment of her Advocate.
In this matter, evidence of the plaintiff is closed on 08-03-2021.
Since then, matter is pending for evidence of the defendants. Hence, adjournment is granted as a last chance for evidence of the defendants.
Matter is adjd.to 26-10-2021 for evidence of the defts.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Samina S. Ramdul for plaintiff present.
Adv. P. R. Yadav for defendant present and filed evidence affidavit of DW – 1 Rupa Ramchandra Chilveri t.o.r. and marked as Exh. 17.
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh.18
Matter is adjd.to 22-11-2021 for cross exmtn. of DW 1
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Mohd. Iftikhar Ali for plaintiff present.
Defendant no. 2 present.
Both sides are directed to file statement of truth
in support of their respective pleadings and affidavit of
admission and denial of documents on the next date of
hearing.
Matter is adjd.to 07-12-2021 for filing statement of
truth and admission/denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Samina alongwith plaintiff present.
Adv. Saumitra Salunkhe h/f Adv. Yadav for defendants no. 1 & 2 present and filed statement of truth in support of written statement Exh. 5 t.o.r. and marked as Exh.19
He also filed affidavit of admission and denial of documents of deft. no. 2 t.o.r. and marked as Exh. 20
Adv. Samina received copy of Exh. 19 and Exh. 20.
Adv. Samina filed statement of truth in support of plaint t.o.r. and marked as Exh.21
Adv. Saumitra Salunkhe received copy of Exh. 21
Matter is adjd.to 21-12-2021 for R/E P.H. (Cross Exam of
DW – 1 - Rupa ) 12.30pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Samina a/w Adv. M. I. Ali for plaintiff present.
Adv. Yadav for defendants no. 1 and 2 present
Defendant Rupa in person present.
With consents of both sides, matter is adjourned due to ill-health of defendant Rupa.
Matter is adjd.to 11-01-2022 for R/E P.H. (Cross Exam of
DW - 1 - Rupa ) 12.30pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Samina for plaintiff present.
None for defendants
Matter is adjd.to 27-01-2022 for R/E (cross examination
of DW – 1) (12.00 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Samina Ramdul for plaintiff present.
None for defendant.
Matter is adjd.to 07-02-2022 for cross of D.W.1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 22-02-2022 for rec/evi. (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff. None present for defendant.
Matter is adjd. to 24/2/2022 for R/E (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. M. I. Ali for plaintiff present.
Defendant no. 2 present in person.
Court busy in recording evidence in Com. Su. No. 14/19.
Matter is adjd.to 07-03-2022 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. M. I. Ali for plaintiff present.
Defendant no. 2 with Adv. S. H. Salukhe h/f Adv. Yadav present.
Court busy in recording evidence in Commercial Suit No. 477/20. Hence, matter is adjourned to 16-03-2022.
Matter is adjd.to 16-03-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Defendant no. 2 Rupa Chilveri in person present.
Court busy in recording evidence in Commercial Suit no. 14/19. Hence, matter is adjourned to 11-04-2022.
Matter is adjd.to 11-04-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. Saumitra Salukhe h/f Adv. Yadav for defendant no. 2 present and submitted that witness is not going to come today and she has gone to Ahmadabad.
Matter is adjd.to 29-04-2022 for R/E (12.00 noon)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff.
Defendant no. 2 Rupa Chilveri in person present.
Matter is adjd.to 21-06-2022 for R/E.
LO at 12.35pm
Adv. Muhammed Iftikhar Ali for plaintiff present
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Muhamed Iftikhar Ali for plaintiff present.
Defendant NO.2 present. Adv. for defendant absent.
Common Application for adjournment filed by defendant NO.2 in suit no. com suit 12/19, 13/19 and 14/19. O- Granted.
Adjd for evidence to 16/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Court on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Defendant No. 1 and 2 present. Granted as last chance.
Adjd for recording evidence to 07/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Swapnali Chavan h/f Adv. P. R. yadav for defendant present.
Defendant no. 1 and 2 None for plaintiff. Adv. for plaintiff absent.
Matter is pending for cross examination of defendant No.1. It appears that matter is adjourned for one or the other reason. In my view plaintiff is given last opportunity to conduct cross examination of DW-1
Adjd for cross examination to 09/11/2022
L. O
Adv. Muhammed Iftikhar Ali for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Defendant no.1 present. Plaintiff absent. Adv. for both parties absent.
On perusal of record it appears that matter is pending for cross examination of Defendant No.1. Both parties are directed to proceed with the matter on next date failing which further orders will be passed.
Adjd for recording evidence to 24/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Defendant No. 1 and 2 present.
Adv. P. R. Yadav for defendants present. court busy in passing order in other suit hence adjourned.
Adjd for recording evidence to 15/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Plaintiff absent
Adv. Mahesh Gawde i/b Iftikar Ali for plaintiff present.
Defendant no.1 and 2 present.
Adv. T R Yadav for defendant present.
Ld Adv for plaintiff sought time for cross examination.
Ld Adv for defendant objected for grant of adjournment as witness is present before the court.
In my view by imposing cost on plaintiff the adjournment needs to be granted subject to cost.
Adjournment granted subject to cost of Rs.500/-.
Adjd for cross of defendant no.1 on 13.01.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: None for plaintiff.
Defendant nos.1 and 2 is present.
Advocate for parties absent. Hence, adjournment.
Case is adjourned for R/E to 14-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Court on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: None for plaintiff.
Defendant present.
KB L.O. at 11.46 am.
Adv. Swapnali Chavan h/f Adv. Yadav for defendant no.1 and 2 is present.
L.O. at 12.11 pm
Adv. Muhammed Iftikhar Ali for plaintiff is present.
Court is busy in hearing on Ch/s 1450 of 22 and dictating order below Exh.01 in Commercial Suit no. 241 of 19.
Case is adjourned for R/E to 23-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Imran Ansari h/f Adv. Mohammad Iftikhar Ali for plaintiff present.
Defendant No.1 and 2 in person present.
K.B.
Later on at 12.00 noon
Adv. Mohammad Iftikhar Ali for plaintiff present.
Adv. P. R. Yadav a/w Adv. Saumitra Salukhe for defendant present.
Cost imposed on plaintiff on 15.12.2022 is paid by the plaintiff to the defendant of Rs.500/-.
Plaintiff advocate is ready to take cross-examination of defendant.
Court is busy in discharging board of Court Room No.14.
Case is adjourned on 18.04.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: None for plaintiff.
Defendant nos. 1 and 2 is present.
L.O. at 1.12 pm
Adv. Muhammed Iftikhar Ali for plaintiff is present.
Adv. Swapanali Chavan for defendant nos. 1 and 2 is present and sought time for cross-examination. Granted.
Case is adjourned for cross-examination to 08-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Shri Damodar Kuchadri Bale Vs Shri Ramchandra Rajaram Chilveri
Adv.Shri Mohmmad Ali present for plaintiff.
Adv. Ms. Swapanali Chavan present with defendant No. 1 and 2.
Matter adjourned for Evidence (P.H) to 22.06.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Shri Damodar Kuchadri Bale Vs Shri Ramchandra Rajaram Chilveri
Adv. Muhammed Iftikhar Ali and Adv. Tabish Jamdar present for plaintiff.
Defendant no. 1 and 2 present. Their counsel absent.
Matter adjourned to 02.08.2023 for R/E (PH) on request of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Shri. Damodar Kuchadri Bale vs.Shri. Ramchandra Rajaram Chilveri.
Adv.Tabit Zamdar and Adv. Mohammad Iftekhar present for plaintiff.
Adv. Swapnali Chavan present with defendant Nos.1 and 2.
Cross-examination of Defendant Witness No.1 Rupa, concluded.
Matter adjourned to 05.08.2023 for further evidence of defendant, if any.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Damodar Bale vs. Ramchandra Rajaram Chilveri.
Plaintiff called but absent.
Adv. Swapnali Chavan present with defendant nos. 1 and 2.
Exh.22 - Ld adv for defendant nos. 1 and 2 filed evidence closing pursis.
Exh.23 - Ld adv for defendant nos. 1 and 2 filed application for soft copy of evidence on pen drive.
Matter adjourned to 11-08-2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Plaintiff side called, but absent.
Adv. Ms. Swapnali Sawant present for defendants.
Defendant No.1 and 2 present.
Adjournment application filed by defendant.
No objected by plaintiff.
O- Adjournment allowed.
Plaintiff being absent, matter adjourned
K.B. L.O. 12.15 pm.
Adv. Tabish Jamdar for plaintiff present.
Matter adjourned to 02.09.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Shri Damodar Bale Vs Shri Ramchandra Rajaram Chilveri
Plaintiff side called, but absent.
Adv. P. R. Jadhav present with defendant No.1 Ramchandra and defendant No. 2 Rupa.
Plaintiff to takes steps regarding arguments by next date without fail.
Matter adjourned to 15.09.2023 for arguments.
Later on at 12.15 Hrs.
Adv. Mumhammed Iftikhar Ali present for plaintiff.
Matter adjourned to 15.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Shri Damodar Kuchadri Bale Vs Shri Ramchandra Rajaram
Adv. Tabish Jamdar present for plaintiff.
Adv. Swpanli Chavan present for defendant.
Parties to file written arguments by next date without fail.
Matter adjourned to 03.10.2023 for written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Shri Damodar Kuchadri Bale Vs Shria Rajaram Chilveri
Adv. Tabish Jamdar present for plaintiff.
Defendant side called, but absent.
Exh.25 - Written arguments filed by plaintiff.
Defendant to take steps regarding arguments by next date.
Matter adjourned to 07.10.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Shri Damodar Bale Vs Shri Ramchandra Chilveri
Plaintiff side called, but absent.
Adv. Swapnali Chavan present for defendant.
She is seeking oral adjournment to file written statement.
Matter adjourned to 19.10.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Adv. P. R. Yadav present for defendant.
Plaintiff has already filed written arguments on 03.10.2023.
Defendant to file written argument by next date without fail.
Case adjourned to 01.11.2023 for written argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Adv. P. R. Yadav present for defendant.
He is seeking oral adjournment to file written arguments.
Case adjourned to 10.11.2023 for written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Defendant No.1 Ramchandra Chilveri present. His counsel absent.
Defendant is seeking oral adjournment granted as last chance.
Case adjourned to 12.12.2023 for filing written arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Adv. Pradeep Yadav present for defendant.
Exh.26 - Written arguments filed by defendant.
Matter adjourned to oral submission, if any.
Case adjourned to 05.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Defendant No.1 Ramchandra Present.
He submitted that, the Grandfather of lawyer has left for heaven. Hence, Matter be adjourned.
Defendant to take steps on next date.
Case adjourned to 12.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Damodar Bale V/s Ramchandra Chilveri
All called, but absent.
Defendant granted last opprotunity to file written submission if any.
Case adjourned to 22.01.2024 for written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Damodar Bale V/s Ramchandra Chilveri
Plaintiff side called, but absent.
Adv. Swapnali Chavan present for defendant.
Both sides have filed their written arguments.
The plaintiff has already filed written arguments on 03.10.2023 and defendant on 12.12.2023.
Parties to submit oral submission, if any. Else, put for Judgment.
Case adjourned to 03.02.2024 for oral arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Damodar Bale Vramchandra Chilveri
Plaintiff side called, but absent.
Adv. Swapnali Chavan present for defendant
Defendant submitted that, their written submission be considered as their oral submission.
Plaintiff to take steps, if any. Else, put for Judgment.
Suit adjourned to 12.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: PO is on leave.
Damodar Bale V/s Ramchandra Chilveri
Adv. Mohd. Iftikhar Ali present with plaintiff Damodar Bale.
Defendant No.1 Ramchandra Chilveri present.
Suit adjourned to 17.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Damodar Bale V/s Ramchanda chilveri
Plaintiff Damodar Bale present for plaintiff. His counsel absent.
Plaintiff fail to make any oral submissions.
Defendant side called, but absent.
Suit adjourned to 01.03.2024 for Judgment.
Later on at 12.19 Hrs.
Adv. Mohd. Iftikar Ali present for plaintiff.
Exh.27 - Pursis filed by plaintiff stating that, his written submission be considered as oral submission.
Suit adjourned to 01.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Shri. Damodar Bale V/s Ramchandra Chilveri
All called, but absent.
Stenographer on long leave.
Suit adjourned to 30.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Damodar Bale v/s Ramchandra Rachha
Plaintiff side called, but absent.
Defendant side called, but absent.
Court busy in dicatating Judgment in Commercial Suit No. 815 / 2022, Commercial Suit No. 545 / 2022, Commercial suit No. 515 of 2022 and framing of issues in Commercial Suit No. 486 / 2024.
Suit adjourned to 04.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Damodar Kuchadri Bale Vs Ramchandra Rajaram Chilveri
All called, but absent.
Court busy in passing Orders in Notice of Motion Nos. 3805 / 2023, 4677 / 2023, 3966 / 2023, 2821 / 2019 and Summons for Judgment No. 361 / 2022. Hence adjourned.
Suit adjourned to 08.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Damodar Bale V/s Ramchandra Chilveri
All called, but absent.
Following three Suits are on board today for Judgment.
Suit No.
100012 / 2019
100013 / 2019
100014 / 2019
Plaintiff
Damodar Kuchadri Bal
Vinod Shankar Rachha
Babu Balraj Lakkabathini
Defendants
1. Ramchandra Rajaram Chilveri
2. Roopa Ramchandra Chilveri
Recovery Claim
₹. 4,50,000/-
Interest @18 %
₹. 6,00,000/-
Interest @18 %
₹. 11,50,000/-
Interest @18 %
Case of Plaintiff from Commercial Suit No. 100012 / 2019 -
2) Plaintiff is a serviceman.
3) Defendants were in financial crisis in their business. Hence, they obtained friendly loan of ₹. 4,50,000/- from the plaintiff. Defendants also executed Declaration on 20.09.2017, confirming receipt of said loan of ₹. 4,50,000/- and agreeing to repay ₹. 13,500/- per month to the plaintiff. However, since inception, defendants failed to make any payment.
Case of Plaintiff from Commercial Suit No. 100013 / 2019 -
4) Plaintiff is a serviceman.
5) Plaintiff has been depositing Rs. 25,000/- per month through online mode in the bank account of defendant. Plaintiff expected better returns with interest in said business of chit funds. Thereby, from 22.03.2017 to 15.06.2018, plaintiff deposited a total sum of Rs. 4,50,099/-. Defendant agreed to repay the amount with interest @ 2 % per month or more. Thereby, defendant agreed to repay Rs. 6,00,000/- to plaintiff on or about 11.08.2018. Towards part repayment, the defendants issued cheque of Rs. 2,00,000/-. However, it was dishonored for reason, Funds Insufficient.
Case of Plaintiff from Commercial Suit No. 100014 / 2019
6) Plaintiff is a self employed person.
7) Since January 2011, from time to time, plaintiff deposited various amounts with defendant. The total amount deposited became Rs. 10,07,780/-. Defendant agreed to repay Rs. 12,50,000/- to the defendant. However, after continuous follow up, defendant issued Cheque for Rs. 11,50,000/-. However, it got dishonored for reason, Funds Insufficient.
8) In all three Suits, it is case of respective plaintiff that, after continuous follow up by the plaintiff, defendants issued Cheque whcih was dishonored with bank endorsement as Funds Insufficient. Recovery notice is recovered with remark as Unclaimed.
9) It is case of respective plaintiff in all three Suits that, the transaction is commercial transaction. It is not hit by provisions of Bombay Money Lenders Act. As defendants defaulted repayment, plaintiff preferred the respective Commercial Suit for recovery of their amount.
Written Statement by defendants -
10) In all three suits, defendant filed WS with similar contentions. It is contended that, defendant No. 1 is husband of defendant No. 2. Both were arrested in Crime No. 97 / 2018, registered by GB CB CID EOW, Mumbai, U / Sec. 420 r / w. 34 of IPC with Sec. 3 and 4 of MPID Act. After investigation, prosecution has filed MPID Case No. 3 / 2019, which is pending before Sessions Court, Mumbai. In said FIR No. 97 / 2018, plaintiff has shown himself as Investor. Thereafter, he deliberately filed the present case, claiming it as commercial transaction based on Bill of Exchange. Defendant No. 2 is having money lending license from 2011 to March 2017. Said license is seized by the police in Special MPID Case No. 3 / 2019. Defendants are not in business of Chit Funds. Suit is hit by the provisions of Bombay Money Lenders Act. Suit being false, be dismissed with cost.
Conclusion
11) Perusal shows that, respective plaintiff merely pleaded that, he advanced money to defendant for rich monetary returns.
12) However, in each Plaint, it is also not case of plaintiff that, whatever business, defendant was carrying of providing extra returns, was supported by valid license issued by the Government Authorities or it was base on some Mercantile documents. No such mercantile document is filed by plaintiff.
13) It means that, there is nothing in each Plaint, which will show that, defendant was lawfully conducting the business of providing extra monetary returns to the plaintiff.
14) It is also not the case of plaintiff or defendant that, they are merchants, bankers, financiers and traders and were performing the transaction under some mercantile document. In fact, plaintiff has not disclosed under which category or type or nature, the investment was made with the defendant. There is no written agreement. There is no mercantile document.
15) Therefore, all three Suits do not satisfy requisites of Sec. 2 (1) (C) of the Commercial Courts Act. Therefore, the Plaint will have to be returned to the Office to reassign it to proper Court, so that dispute is agitated by the parties properly and it is adjudicated on merit and that there is no multiplicity of litigation.
16) Hence, in the interest of justice, following Order is passed -
Commercial Suit No. 100012 / 2019, is not triable as a Commercial Suit. Hence, Registry of this Court is directed to re-register the Suit and assign the Suit to proper Court other than a Commercial Court.
Parties to note and comply.
Nature Of Disposal: OTHER
Disposal Date: 08-04-2024