Date: 22-02-2021
Business: Mater pertaining to C.R. No.14
None or plaintiff.
Adv Minal S. Parab for defendant present.
Ld Adv for defendant filed draft Notice of motion along with affidavit t.o.r. O- Heard Ld Adv for defendant. Leave granted to register NM. Copy be served to other side. Affidavit of service be filed.
Matter adjd for tendering original registered NM along with affidavit and affidavit of service to 20-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: In view of Office Order No. 81/21, only urgent matters is taken up. Hence, board discharged.
Matter adjd to 03/08/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Adjd to 21.08.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present in NM No.607/21.
The defendant tendered registered notice of motion No.607/2021 a/w. affidavit in support a/w. copies of the same t.o.r.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adv. Minal Parab tendered vakalatnama, Exh.5 in NM No.607/21 for defendant t.o.r. O-filed for NM.
Heard Adv.Minal Parab on NM No.607/21.
KB
LO at 12.48 pm
Adv.Ramesh Jain for plaintiff present. He filed reply on NM NO.607/21.
Heard Adv.Ramesh Jain on NM No.607/21.
F.R.S.R. the following order is passed
ORDER ON NM NO.607/21
1. Notice of Motion No.607/2021 is allowed.
2. The delay of defendant in entering his appearance is condoned.
3. The defendant\''s appearance is taken on record.
4. Notice of Motion No.607/2021 is disposed off accordingly.
Matter adjd to 24.09.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
Plaintiff absent. Summons for judgment is not filed. Keep for order against plaintiff on 13.10.2021.
Judge
LO at 12.35 pm
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered service affidavit, Exh.6 t.o.r.
Matter adjd for order against plaintiff on 13.10.2021.
Next Purpose: ORDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
KB
LO at 12.00 p.m.
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff requested for time, matter is already in caption of order as the plaintiff has failed to file SJ. Hence, keep in the same caption.
Matter adjd to 23.10.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.16 pm,
Adv.Vaishali Chavan h/f.Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft summons for judgment t.o.r.
O-Leave granted to register summons for judgment.
Matter adjd to 23.11.2021 for service affidavit in SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
KB
LO at 03.18 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff filed application, Exh.7 for extension of time to register SJ. O-Time is extended for registration of SJ. It be registered on or before next date without fail.
Matter adjd to 03.12.2021 for registration of SJ.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: FOR___________________
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 05.02.2022 for registration of S/J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.48 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff filed registered summons for judgment No.179/2021 a/w. affidavit t.o.r.
In view of SOP dated 06.01.2022, matter adjd to 25.02.2022 for service affidavit in SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant present. She requested time to file reply. Defendant to take necessary steps for filing reply.
Matter adjd to 11.03.2022 for order against deft in SJ/service affidavit in SJ by the pltff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.07 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
KB
LO at 03.09 pm,
Adv.Minal Parab for defendant present.
Adv.of defendant filed draft notice of motion (for condonation of delay to file leave to defend) a/w. affidavit in support and leave to defend. NM and affidavit is t.o.r. O-Leave granted to register draft notice of motion.
Copies of draft NM a/w. affidavit and leave to defend are kept on record for furnishing it to the plaintiff.
Heard Adv.for defendant on draft NM.
KB
LO at 04.04 pm,
Adv.Ramesh Jain for plaintiff present.
Copies of draft NM a/w. affidavit and leave to defend are received by plaintiff.
The plaintiff filed handwritten reply on notice of motion itself.
Heard Adv.for plaintiff on draft NM.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER
1.Notice of Motion is allowed.
2.Delay in filing leave to defend by the defendant is condoned.
3. Leave to defend filed by the defendant is taken on record.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
In view of above order leave to defend is taken on record and marked as Exh.8.
Matter adjd to 31.03.2022 for SJ hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.55 am,
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
The Adv.for plaintiff submits that plaintiff wants to file rejoinder. Last chance granted.
Matter adjd to 16.04.2022 for filing rejoinder a/w. hearing.
Next Purpose: REJOINDER
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: REJOINDER
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: REJOINDER
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Ramesh Jain present for plff.
Adv. Minal Parab present for deft.
Adv of both parties submitted to refer the matter for meditation and signed mediation referral form.
Ex.09- Mediation referred order passed.
Adj. To Mediation report on 25/07/2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant Nos.1 and 2 present.
F.R.S.R following order is passed.
ORDER
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this suit to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 26/08/2022.
Case is adjourned for assignment for court to 26/08/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: As the Court time of Civil Board is over, hence board discharged.
Matter adjourned to 17.11.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: None for plaintiff.
Adv.Minal Parab for defendant No.1 and 2 present.
Plaintiff to work out SJ on next date without further delay.
Matter is adj to 02/02/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
Heard both the sides on SJ No.179/21
F.R.S.R following order is passed on SJ No.179/2021
ORDER
A. Conditional leave to defend is granted to the defendants to depositing an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) before this Court, as a security, within six weeks from the date of this order.
B.Consequently, Summons for Judgment No.179 of 2021 is disposed of.
C. On depositing said amount by the defendants, same be invested in Fixed Deposit in Nationalized Bank as per rules, until further orders.
D.Defendant is at liberty to file Written Statement within next four weeks after depositing the amount.
E.Summons for Judgment No.179 of 2021 is disposed of accordingly.
Matter is adj to 20/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court time is over, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 17/06/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their counsel are absent.
The defendant has not complied with the order dated 02.02.2023 of depositing the amount.
Matter is adj to 05.08.2023 for compliance and order.
Next Purpose: ORDER
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their counsel absent.
Defendant has not complied with the order 02.02.2023 in respect of granting conditional leave to defend the suit by depositing the amount of Rs. 7,00,000/-. Hence, Suit to proceed without written statement.
Matter is adj to 12.09.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present and filed non-deposit the certificate. TOR. It is marked as Exh-10.
The counsel for plaintiff wants to file original documents and prayed for adjournment.
Matter is adj to 20.10.2023 for filing original documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present and filed list of documents. TOR. It is marked as Exh-11.
Matter is adj to 18.12.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to argue the matter.
Matter is adj to 08.04.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: The plaintiff and his advocate are absent.
Matter is adj to 06/05/2024 for aurgument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05 . Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any.
Matter is adj to 10.07.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
Keep back.
Later on at 12.20 pm
The plaintiff and his advocate are absent.
Matter is adj to 21.08.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
Keep back. Later on at 12.51 pm
The plaintiff and his advocate are absent.
Matter is adj to 13.09.2024 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 12.12.2024 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue.
Matter is adj to 23.01.2025 for arguments.
Later on at 12.17 pm
Adv. Ramesh Jain for plaintiff is present.
Matter is adj to 23.01.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance for ex-parte argument.
Matter is adj to 14.02.2025 for ex-parte argument
Later on at 12.34 pm
Adv. Ramesh Jain for plaintiff is present
Matter is adj to 14.02.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue the matter.
Matter is adj to 11.03.2025 for argument.
Later on at 12.58 pm
Adv. Ramesh Jain for plaintiff is present.
Heard final argument of counsel for plaintiff.
Matter is adj to 03.03.2025 for argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
Keep back.
Later on at 12.33 pm
Adv. Ramesh Jain for plaintiff is present.
The defendant and his counsel are absent.
Defendant failed to argue. Hence, matter is adjourned for judgment.
Matter is adj to 18.03.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
The defendant and his counsel are absent.
Judgment is marked as Exh-11
FRSR following order is passed
Order
1)Summary Suit No. 665 of 2022 is hereby partly decreed with the costs.
2) The defendant shall pay an amount of Rs. 7,00,000/- (Rupees Seven Lakhs only) to the plaintiff with interest at the rate of 7 percent p.a. from 01/04/2017 the date of admitting liability till its full realization.
3)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
4)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-03-2025