Sampat Tejraj Parmar - Commercial Suit No. 460 of 2020VsHaneefa Shajahan

Date: 10-09-2020
Business: Adv. Mr. Sandip Kekane for plaintiff present.
Adjd to 28.09.2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Adv. Sandeep Kekane for plaintiff present and tendered original NM and Affidavit No. 1291/20 and affidavit of service alongwith acknowledgements to show that the defendant has been served with NM and copy of Plaint was already served to the defendant.
None present for Defendant.
Heard Ld. counsel for the plaintiff. He submitted that as per the order passed by this court dated. 10.08.2020 and observations made by this court in the said order, it will be just and proper to register this suit as a Commercial Summary Suit as per the practice followed in the Hon\''ble High Court, Bombay.
Though, I find substance in the above submission, there is a technical difficulty for the office to register the suit as Commercial Summary Suit, as no such category is provided in the CIS. The present suit has been treated by the office as a commercial suit and as per orders dated 04.07.2020, 08.07.2020, 18.07.2020 and order dated 21.07.2020. Pre institution mediation  U/S 12(a) of Commercial Courts Act, 2015 has been dispensed with. Therefore, I am of the view that the office should register this suit as a commercial suit. The office is therefore, directed to register the suit as Commercial Suit and do the needful.
However, the counsel for the plaintiff shall be at liberty to move the Hon\''ble Principle Judge or the Judge of the Commercial Court to which the present suit shall be assigned, regarding his grievance that the present suit should be treated as Commercial Summary Suit and not as a Commercial Suit.
The counsel for the plaintiff shall be at liberty to take necessary steps in this suit, i.e. serving the copy of Plaint and Documents to the defendant afresh after suit is registered.
The suit shall proceed  as per the provisions of Commercial Courts Act, 2015.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Advocate Vinesh Jain a/w Sandip Kekane for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 21.12.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Advocate Sandip Kekane I/b Prachi Jain for plaintiff is present and filed service affidavit.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed service affidavit.
Adjourned for hearing on Exh. 05 to 08.01.2021.
Next Purpose: HEARING
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv. Kekan I/b Adv. Prachi Jain for plaintiff, prayed for short time to lead the evidence.
None for defendant
Matter is adjd.to  27-01-2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv. Kekane I/b Adv. Jain for plaintiff , gave the endorsement of not pressed of NM No. 1291/20. Hence, NM No. 1291/20 is disposed of as not pressed.
None for defendant
Exh. 6 - evidence affidavit of PW - 1 - Sampat Parmar
Exh. 7 - List of documents.
In view of evidence of PW - 1, following documents are
marked -
Exh. 8 - Tax invoice dtd. 04-05-2015
Exh. 9- Bank statement.
Exh. 10 - Original Envelope, letter dtd. 12-07-2017 and
ledger account statement.
Exh. 11- Notice dtd. 08-01-2018 of Adv. Maruti Dhavale.
Exh. 12 - Notice dtd. 09-06-2020 of Adv. Prachi Jain.
Exh. 13- Postal receipts and acknowledgement cards.
Exh. 14- Postal Receipts.
Exh. 15- Letter dtd. 09-07-2020 from Adv. R. Prem Kumar.
Exh. 16 - pursis
Matter is adjd.to 30-01-2021 for  argument.
Nature Of Disposal: OTHER
Disposal Date: 27-01-2021

Registration Number: 101291/2020
Transfer Date: 28-09-2020
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 101291/2020
Transfer Date: 27-11-2020
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Filing Number: 104220/2020
Filing Date: 17-08-2020
First Hearing Date: 10th September 2020
Decision Date: 27th January 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE