Date: 24-11-2020
Business: None for plaintiff.
Advocate Kamat for defendant present and filed vakalatnama. t.o.r.
Matter adjd to 04/12/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff absent..
Adv. shreerath Kamat for defendant present.
Failed to filed w/s defendant appear in the court on 24/11/2019 (before more than 3 months)
Matter adjd to 10.12.2020 for passing no w/s order.
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Plaintiff and his advocate absent.
Adv.Saurav Mashelkar for defendant present.
Adjd to 08.01.2021 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv.Mr.Khan for plaintiff present.
None present for defendant.
Affidavit of service a/w. summons to answer plaint filed by Adv.of plaintiff t.o.r.
Matter adjd to 18.01.2021 for Appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.for plaintiff present.
None present for defendant.
Matter adjd to 03.02.2021 for Appearance.
LO
Adv.Mayuri Mayekar i/b.M/s.B.K.Das for defendant present and filed application, Exh.2 seeking time to file written statement on behalf of the defendant t.o.r. O-Granted.
Matter adjd to 03.02.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Ramesh Mandan for plaintiff present.
Adv.for defendant absent.
K.B.
L.O. at 12.10 pm.
Advocate Yogesh Devnani for def. present.
None for plff. present.
Advocate for def. filed an application, Exh.3 to seek time to file Written Statement. Order - Granted.
Matter adjd to 22/02/2021 for W.St.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.Ramesh Mandal h/f. Adv.M.A. Khan for plaintiff present.
Adv.Mayuri Mayekar for defendant present.
Adv. of deft. filed application for seeking time to file written statement, Exh.4 t.o.r. O-Granted.
Matter adjd to 09.03.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Ramesh Mandal h/f. Adv. M.A. Khan for plaintiff present.
None present for defendant.
KB
LO
Adv.Ramesh Mandal h/f. Adv. M.A. Khan for plaintiff present.
Adv.Yogesh Devnani a/w. Adv. Mayuri Mayekar for defendant present.
Ld.Adv. of deft. filed affidavit in reply, Exh.5 t.o.r. He seeks to teat it as written statement. O-filed.
Matter adjd to 17.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Dipti Mehata for plaintiff present.
Adv.Shreyas Jain for defendant present.
Matter adjd to 03.04.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Ramesh Mandal h/f. Adv.M.A. Khan for plaintiff present.
None present for defendant.
Matter adjd to 30.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present
Matter adjd on 31.07.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: PO is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Dipti Mehta h/f.Adv.M.A.Khan for plaintiff present.
Adv.Jemini Mehta h/f.Adv.B.K.Dass for defendant present.
Matter adjd to 06.09.2021 for admission and denial and filing statement of truth of defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: (Incharge of C.R.no. 32)
Adv. Ramesh Kumar Mandal h/f M. A. Khan for plaintiff present.
Adv. Yogesh Devnani for defendant present.
Adv. for Plaintiff tendered draft nm t.o.r and made returnable on 15.09.2021.
Adjd to 15.09.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.M.A. Khan for plaintiff present.
Adv.Jemini Mehta h/f.Adv.B.K. Dass for defendant present.
The plaintiff tendered registered NM No.2017/2021 (summary judgment) a/w. affidavit. Copy of same has been received by the defendant on the last date.
Adv. of plaintiff filed admission and denial, Exh.6 t.o.r.
Matter adjd to 22.09.2021 for reply and argument of NM.
Next Purpose: REPLY
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv.Mr.M.A.Khan for plaintiff present.
Adv. Ms.Jemini Metha for defendant present.
Reply filed by Adv. for defendant to NM No.2017/2021 t.o.r. marked as Exh.07
Matter adjd to 28.09.2021 for hearing on NM No.2017/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.M.A.Khan for plaintiff present.
Adv.Jemini Mehta h/f.B.K.Dass for defendant present.
Heard argument of Adv. of plaintiff on NM No.2017/21.
Matter adjd to 08.10.2021 for argument of defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Date: 21-10-2021
Business: Adv. for plaintiff.
Adv.Jemini Mehta h/f.Adv.B.K.Dass for defendant present.
KB
LO at 05.00 pm
None present.
For want of sufficient time, matter adjd to 11.11.2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for plaintiff.
Adv.Jemini Mehta h/f.B.K.Dass for defendant present.
KB
LO at 12.20 pm,
Adv.Rameshkumar Mandal h/f.Adv.M.A. Khan for plaintiff present.
Adv.Jemini Mehta h/f.B.K.Dass for defendant present.
KB
LO at 05.02 pm,
Adv.Jemini Mehta h/f.B.K.Dass for defendant present.
Note- The NM is application for summary judgment but it has been registered as Notice of Motion. Plaintiff to note.
Matter adjd to 23.11.2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv.Ramesh Mandal h/f.Adv.M.A.Khan for plaintiff present.
None present for defendant.
KB for order
LO at 03.57 pm,
Adv. Jemini Mehta for defendant present.
KB
LO at 5.05 p.m.
Adv.Ramesh Mandal h/f.Adv.M.A.Khan for plaintiff present.
Read the last roznama. Plaintiff was directed to take note that application for summary judgment is registered as Notice of Motion, though there is separate caption for application for summary judgment. Heard the plaintiff. Plaintiff is ready to get it converted by filing application. Hence adjourn for compliance on 25.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv.Ramesh Mandal h/f.Adv.M.A.Khan for plaintiff present.
None present for defendant.
The plaintiff tendered application, Exh.8 to register the pending notice of motion No.2017/2021 as application for summary judgment.
ORDER ON EXH.8
Read the application, heard the Ld.Adv.for the plaintiff. The application under Order XIIIA of CPC is filed by the plaintiff as notice of motion. Same is registered as notice of motion No.2017/2021. Said proceeding is required to be register as application for summary judgment. Hence, Registrar (Civil) is directed to register the NM No.2017/2021 as an application for Summary Judgment under Order XIIIA of CPC. In CIS NM No.2017/2021 be disposed off as converted and register in proceeding of application for summary judgment.
Matter adjd to 08.12.2021 for compliance and order on application for summary judgment.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.09 pm,
Adv.M.A. Khan for plaintiff present.
In view of order dated 25.11.2021 in NM No.2017/21 should be converted in Summary Judgment, hence, matter adjd for compliance on 21.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.08 pm,
Adv.Jemini Mehta h/f.Adv.B.K.Das for defendant present.
Matter adjd to 07.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.58 pm,
Adv.Ramesh Mandal h/f.Adv.M.A. Khan for plaintiff present.
The notice of motion No.2017/21 has been renumbered as summary judgment No.21/2021. Already arguments of both parties are heard in summary judgment, hence, summary judgment is posted for orders.
Matter adjd to 18.01.2022 for order on SJ No.21/21.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv.Ramesh Mandal h/f.Adv.M.A.Khan for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 02.02.2022 for order on Sum. Judg.21/21.
Next Purpose: ORDER
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: None for plaintiff.
Adv. Jemini Mehta for defendant present.
KB
L.O. at 03.38 p.m.
F R S R following order is passed in Summary Judgment No.21/2021:
O R D E R
1. The application for Summary Judgment No.21 of 2021 is dismissed.
2. Costs shall follow the event.Matter adjd to 23/02/2022 for admission and denial, statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None present, hence, no admission and denial by the parties.
Keep for CMH/issues. Considering the nature of suit, case is referred to lok-adalat on 12.03.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
Adv. Dipti Mehta for pltff present.
Adv. Jamini Mehta for deft present.
Matter Adjd to 02/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None present for plaintiff.
None present for defendant.
Considering nature of dispute, case is referred to lok-adalat.
Matter adjd to 07.05.2022 for Lok-adalat.
Judge
LO at 11.55 am,
Adv.Ramesh Mandal h/f.Adv.M.A.Khan for plaintiff present.
Adv.Satsang Tailor for defendant present.
Matter adjd to 07.05.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd. to 14.06.2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv Pooja Dhumal present for plaintiff and filed admission denial of document alongwith affidavit at Exh.8.
None present for defendant.
Deft has not filed admission denial of document hence suit to proceed without admission denial of deft.
Matter adjd to 12.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present.
Kb..
Later on at 11.43 am.
Adv. M. A. Khan for plaintiff present.
Adv. Yogesh Deonani for defendant present.
Exh.09 - Adv. for plaintiff has filed draft issues. TOR.
Case Adjd for statement of truth and draft issues by defendant on 01/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None present.
KB LO 12.32.
Adv. Nabiya Hashmi Present for Plff.
None Present for Deft.
Deft has not filed statement of truth and draft issues. Hence case be proceeded without statement of truth and draft issues of deft.
Ex.10- Issues framed.
Adj. For Case Management Schedule on 22/08/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Ramesh Mandal h/f Adv. M. A. Khan Present for Plff.
Adv. Satsang Tailor h/f Adv. B. K. Dass Present for Deft.
Heard adv of both parties on case management schedule. Fixed CMS as under.
Case Management Hearing/ Schedule.
On or before
Business.
22/08/2022 to 07/10/2022.
Evidence of witnesses of plff. ( Chief and Cross examination)
07/10/2022 to 21/11/2022.
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days after 21/11/2022
Arguments
Adj. For Evidence on 13/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Ramesh Mandal Present for Plff.
Adv. Stasang Tailor Present for Deft.
Ex.11 – adv of plff has filed adjournment application along with medical papers about ill health of plff. Adj. Granted.
Adj. For Evidence of Plff on 23/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Ramesh Mandal h/f Adv. M. A. Khan Present for Plff.
Adv. Satsang Tailor Present for Deft.
Ex.12. adv of plff has filed application for adjournment along with medical certificate regarding ill health of plff. Adj. Granted.
Adj. For Evidence of plff on 03/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None for plaintiff.
Adv Alisha Parekh for defendant present
KB.
Adv. M. A. Khan for plaintiff present.
Exh.13 Adv. Of plaintiff has filed chief examination of PW. 1 .
PW.1 Nasim Ahmed Shaikh present. Oath given to witness.
copy chief examination of supplied to other side.
Case adjd for hearing on marking of document on 19.10.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. M. A. Khan Present for Plff.
Adv. Anisha Parekh Present for Deft.
KB 3.00pm
Ex.14. adv of deft has filed statement of truth. Copy served to otherside.
Adv of deft prayed for adjournment on the ground that she want to draft NM for permission to file admission and denial at this stage. Otherside strongly objected for adjournment. Adj. Granted as a last chance.
Adj. For Marking of documents on 07/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Mrs Nabiya Hashmi h/f Adv. M. A. Khan Present for Plff.
Adv. Ms. Anisha Parekh h/f Adv. B. K. Dass Present for Deft.
Adv of deft has filed draft NM along with affidavit for permission to file admission and denial . Leave granted to register NM. Copy served to adv of plff.
Adv of deft has presented affidavit of admission and denial. It will be taken on record subject to order of NM. Its copy served to adv of plff.
Adj. For NM returnable on 28/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Uzair Shaikh h/f Adv. M. A. Khan Present for Plff.
Adv. Tanmay Bidkar Present for Deft.
Adv of deft has filed registered NM 4333/22 along with affidavit
Ex.15- adv of plff has filed reply without affidavit. Seen.
Adj. For Hearing on NM 4333/22 on 19/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. M. A. Khan Present for Plff.
Adv. Tanmay Virkar h/f Adv. B. K. Dass Present for Deft.
Adv of deft contended that senior advocate on record unable to attend the court today due to personal difficulty. Otherside strongly objected to grant adjournment. There is no reasonable and sufficient ground to grant adjournment. However to have an opportunity adjournment granted subject to costs of Rs. 500/- to be paid to plff.
Adj. For Hearing on NM 4333/22 and Costs of Rs.500/- to be paid to plff on 12/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. M. A. Khan Present for Plff.
Adv. Rishikesh Mishra h/f Adv. B. K. Dass Present for Deft.
KB 1.30 pm.
LO at 1.30 p.m.
Adv. Yogesh Devnani i/b. B. K. Dass for defendant present.
Advocate of plaintiff present and he received cost of Rs.500/- from advocate of defendant as per order dtd/19/12/2022.
Heard advocates of both the parties on notice of motion No.4333 of 2022.
Case adjourned for Order on NM 4333/22 to 1/02/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. M. A. Khan Present for Plff.
None Present for Deft.
Adv. Rishikesh Mishra h/f. B. K. Das for defendant present.
F.R.S.R. following order passed in NM 4333/22
Notice of motion No.4333/2022 is rejected.
Adj. For Marking of document on 27/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv.Uzair Shaikh for plaintiff present.
None present for deft.
P.O busy in hearing argument in NM No. 2686/21 and NM No. 3928/22 of incharge Court Room No.1 (Time Bound Matter).
Case adjd for marking of documents to 01.03.2023.
LO at 1.45 p.m.
Adv. Chirag Hatiramani h/f Adv. Das for defendant is present.
Case adjd for marking of documents to 01.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Uzair Shaikh Present for Plff.
Adv. Rishikesh Mishra h/f Adv. B. K. Das Present for Deft.
Exh.16- Adv of plff has filed compilation of document with list.
Exh.17 (colly) - Bills for supply of fishes (page no.1 to 109)
Exh.18 - Letter dt. 15/07/2019.
Exh.19- Reply dt. 31/03/2019.
Adj. For Cross examination of PW-1 on 23/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Mohammed Uzair for plaintiff present.
Adv. Tanmay Bidkar h/f Adv. B.K. Das for defendant present.
Exh.20 Adv.of plaintiff has filed application for adjournment on the ground of illhealth of plaintiff. Adv.of defendant give say on overleaf of this application and contended that plaintiff be directed to produce medical record. Record shows that on 23.09.2022, plaintiff has filed adjournment application with medical papers. Adjournment granted, subject to file medical papers of plaintiff.
Case adjd for cross examination of PW No.1 to 05.06.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: 05.06.2023
03
Coram: H. H. J. Shri. V.S. Gaike Judge, (C.R.NO. 32)
Comm SU 459/2020
Adv.Uzair Shaikh h/f M. A. Khan for plaintiff present.
Adv. Yogehs Devlani for defendant present.
K.B.
L.O at12.40
Adv. M A Khan for plaintiff present.
Adv. Tripathi for defendant present.
Exh 13 cross examination PW 1 recorded in part.
Adjd to 14/06/2023 for further cross examination.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: 14.06.2023
16
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 459/2020
None present for plaintiff
Adv. K.S.Tripathi for defendant present.
K.B.
L.O. at 1.50 pm
Adv. M.A. Khan for plaintiff present.
Adv. Tripathi for defendant present.
Plaintiff present.
By consent of both parties matter adjd.
Adjd to 03/07/2023 for R.E. (Time at 12.30pm)
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Uzar Shaikh h/f M.A. Khan for plaintiff is present.
Adv. Tanmay bidkar i/v Shrivastav for defendant is
present.
Witness PW-1 is absent.
By consent matter is adj for R/E to 22/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Adv. M.A. Khan for plaintiff is present.
Witness PW-1 is absent.
Adv. Hrishikesh Mishra for defendant is present.
Ld. adv. for plaintiff prayed for adjournment on the ground that the PW-1 is seriously ill.
O- Adjournment granted as last chance.
Matter is adj for recording evidence to 18/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Adv. M.A. Khan for plaintiff is present.
Adv. Chiraq Adiramani h/f Adv. B.K Das for def. is present.
Witness PW-1 is present.
KB..L.O at 01.55 p.m.
Adv. Yogesh Devnani a/w Adv. K.S. Tripathi for def. is present.
Adv. M.A. Khan for plaintiff presnt.
Witness PW1 is present.
Ld. adv of plaintiff has filed pursis a/w list and the copies of statements of accounts of Vitthal Lanke and the plaintiff’s I.T. returns. Note: during the cross examination of the witness on the last date, the Ld. adv of def. had called for the above copies therefore, they are hereby taken on record. The pursis is marked as Exh. 21 and the list is marked as Exh. 22.
Exh. 23- I.T. returns.
Further cross examination of PW-1 is completed.
By consent of both parties, matter is adj for R/E P.H to 17/10/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Adv.Aafreen Shaikh h/f adv. M.A. Khan for plaintiff is present.
Adv. Chiraq Hatiramani h/f Adv. B.K. Das for defendant is present and orally prayed for time to file evidence affidavit of DW-1. O- Time granted as last chance.
Exh. 24 - Ld. adv of plaintiff filed evidence closure pursis. TOR
Adjd. to 06/11/2023 for R/E P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Adv. Aafreen Shaikh h/f adv. M.A. Khan for plaintiff is present.
Adv. Chirak Adiramani h/f Adv. B.K. Dass for def. is present and requested for time to file evidence on behalf of defendant.
O-Time granted as last chance.
Matter is adj. for R/E P.H to 07/12/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Afrin Shaikh h/f Adv. M.A. Khan for plaintiff is present.
Adv. Chirag Hatiramani for defendant is present.
Keep Back, Later on at 01.20 p.m.
Exh.25 -Adv. for defendant filed application for adjournment.
O.-Other side to say.
Say filed by other side.
Heard both the sides.
O.-Adjournment is granted as last chance to the defendant subject to costs of Rs.500/-.
On specific oral request of both sides, matter is kept on for compliance/R.E. P.H. to 15.01.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: None for plaintiff.
Adv. Chirag Hathiramani h/f Adv. Shreyas Shirvastav for def. is present and requested to KB the matter.
KB. Later on at 12.35 p.m.
Adv. Aafreen Shaikh h/f Adv. M.A. Khan for plaintiff is present.
Adv. K.S. Tripathi for def. is present and requested for time to file defendant’s evidence. O-The ld. Adv. of plaintiff has opposed the prayer for adjournment. The ld. Adv of defendant pointed out that the evidence affidavit of defendant is ready with him but the defendant resides in Kolkatta therefore, he could not attend the Court today. Hence, an adjournment is granted subject to payment of costs of Rs. 5000/- to the defendant. The defendant to take note that on the next date no adjournment shall be granted to him on any ground.
By consent of both the sides matter is adj. for R/e P.H. to 07/02/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Matter pertains to C. R. No. 32
Adv Khan for plaintiff present.
Adv Rishikesh Mishra for defendant present.
He filed pursis along with two receipts thereby informed that the defendant had paid an amount of Rs. 500/- and Rs. 5000/- respectively towards cost to the plaintiff. t.o.r. marked as Exh. 26. O- Seen.
DW 01 Shibu Saha present.
Ld. Adv for defendant has filed affidavit of examination-in-chief of DW 01. t.o.r. marked as Exh. 27. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 28.
O- Seen.
Oath administered to DW 01.
He admits contents of affidavit of examination-in-chief as true and correct. It bears his signature.
Matter stands Adj for marking of documents on 29/02/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Adv. Afnan Hussain h/f Adv. M.A. Khan for plaintiff is present.
Adv. K.S.Tripathi for def. is present and supplied copy of evidence affidavit of DW-1 to the other side.
Witness DW-1 is absent.
ORDER : The Ld adv of defendant submitted that he has to examine further witnesses therefore, he is directed to file list of witnesses and affidavit of evidence of further witnesses, if any on the next date.
On specific oral request of both the parties matter is adj. for marking of documents of defendant( recording evidence P.H.) to 24/04/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Adv. M.A.Khan for plaintiff is present.
Adv. Saurabh Shrivastav h/f Adv. B.K.Das for def. is present.
Exh. 29- Application for adjournment on behalf of defendant. O- Other side to say. Say filed by other side.
Heard both sides on Exh. 29.
Order Below Exh. 29
This is an application on behalf of defendant for adjournment on his medical grounds. The colored photocopies of his medical certificate dt. 23.04.2024 are annexed with the application. I have perused the previous record of roznama. On 17.10.2023 the ld. Adv of plaintiff filed evidence closure pursis and the matter was adjourned to 06.11.2023 for evidence of defendant, but on 06.11.2023, 07.12.2023, 15.01.2024 prayers were made for adjournment. On two occasions adjournment was granted to the defendant subject to payment of costs. Thereafter, on 07.02.2024 the DW-1 was present and he filed his evidence affidavit at Exh. 27 alongwith list of documents Exh. 28, but matter was adjourned for marking of documents. Thereafter, 29.02.2024 the DW-1 was absent therefore, documents could not be marked as immediately after the marking of defendant’s documents, he was not available for his cross examination. Today for the 4th time the defendant has prayed for adjournment. It appears that due to repeated adjournment applications on behalf of defendant, the matter is being delay therefore, to avoid further delay and inconvenience to plaintiff, the present application for adjournment is hereby rejected with costs of Rs. 2000/- to be paid to the DLSA, Mumbai by the defendant, on or before next date. The right of defendant to adduce evidence is hereby forfeited. Put up the matter for written notes of arguments.
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Matter is adj. for written notes of arguments to 08/05/2024.
Later on at 01.50 p.m.
Adv. Saurabh Shrivastav h/f Adv. B.K.Das for def. is present.
None present for plaintiff.
Ld. adv of defendant has tendered draft NM along with affidavit in support. The prayer in the said draft NM is that, the preliminary issue be framed with regard to territorial Jurisdiction of this Court and disposed off the suit under Order VII, Rule 10 of the Code of Civil Procedure. The ld. Adv of the plaintiff has tendered another draft NM along with affidavit in support, with the same prayer that the plaint be returned under Order VII, Rule 10 of the Code of Civil Procedure, 1908, for presenting it before the competent Court in West Bengal.
ORDER : The issues in the present matter were framed below Exh. 10 on 01.08.2022 and thereafter, the evidence of plaintiff commenced and evidence closure pursis was filed by the plaintiff on 17.10.2023 and since then the matter was pending for defendant’s evidence. Today in the first session application Exh. 29 filed on behalf of defendant is rejected and the right of defendant to adduce evidence is forfeited due to the continuous delay being cause by the defendant in trial of the suit. Be that as it may, it appears that the above said two draft NM are tendered on behalf of defendant with a view to further cause delay in a trail of the suit. Besides that, at this belated stage of the trial when the matter is posted for written arguments of parties, no preliminary issue can be framed. The issue No.3 below Exh. 10 was already framed regarding this Courts Territorial Jurisdiction to try and decide the suit. As a defendant repeatedly sought adjournments and failed to adduce evidence therefore, his right to adduce evidence is already forfeited. Hence, to avoid any further un-necessary delay and in view of the above discussion, leave is hereby refused to the defendant to register both of his drafts of Notice of Motions. Both the drafts be return back to the ld. Adv of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: Adv. M.A. Khan for plaintiff is present.
Adv. Mou Saha h/f Adv. Tripathi for def. is present and requested to KB the matter.
Written notes of arguments filed by ld. Adv of plaintiff. Copy is served to the other side.
Later on at 11.15 a.m.
Adv. Afnan Husain h/f Adv. M.A. Khan for plaintiff is present.
Adv. Rishikesh Mishra h/f Adv. Shrivastava for defendant is present.
Exh.31 colly. - Pursis alongwith internet copy of order dt. 06.05.2024 passed by Hon’ble Bombay High Court in Writ Petition (S.T.) No.13490 of 2024.
Copy of the order of Hon’ble Bombay High Court is served to the other side.
ORDER : The order passed by this Court on 24.04.2024 thereby forfeiting the right of defendant to adduce evidence, is set-aside by the Hon’ble Bombay High Court in the above mentioned order and has directed this Court to take witness action.
Witness DW-1 is present.
ORDER : The Court has two matters for Judgment on todays board and two other matters are kept in the afternoon session for urgent hearing on Interim Order hence, the matter is adjourned to further date due to paucity of time.
By consent matter is adj. for hearing on marking of documents and for cross examination of DW-1 to 03/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Adv. M.A. Khan for plaintiff is present.
Adv. Saurabh Srivastav h/f Adv. Shreyas Srivastav for def. is present and requested to keep back the matter.
DW-1 present.
LO at 3.30 pm.
Adv. M. A.Khan for plaintiff present.
Adv. K. S. Tripathi a/w Adv. Rishikesh Mishra and Adv. Mou Saha for defendant present.
Heard both the sides on marking of documents of defendants.
The following documents of defendant filed below Exh. 28 are marked:
Exh.32- Carbon copy of challan bearing No.1326 dated
15.03.2018
Exh.33- Statement of payment in the year 2017-2018
Exh.34- Statement of payments made between April 2018 and
October 2018.
Exh.35 - Certificate under Section 65B of the Indian Evidence
Act.
Exh.36- Carbon copy of challan dated 16.12.2017.
Exh.37(colly.)-Carbon copies of Challans dated 5.02.2018,
05.06.2018 and 15.06.2018.
Exh.38- Admitted photocopy of defendant’s advocate’s reply letter dated 31.07.2019.
Cross examination of DW-1 commenced and completed.
Matter is adj. for recording evidence to 19.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv. Afnan Hussain h/f adv. M.A. Khan for plaintiff is present.
Adv. Saurav Shrivastava h/f Adv. Shreyas Shrivastava for def. is present and submitted that, the defendant wants to take steps for filing additional evidence of other witnesses therefore, leave of Court would be sought on the next date.
By consent matter is adj. for steps to 07/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Adv. Afnan Hussain h/f Adv. M.A. Khan for plaintiff is present.
Adv. Saurabh Shrivastava h/f Adv. Shreyas Shrivastava for def. is present and tendered draft NM along with affidavit in support.
O.-Leave granted to register it. Copy of the same is served to the other side.
Matter is adj. for NM returnable to 28/08/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Court is vacant. Hence adjd.to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Advocate Parth Vadhan present for plaintiff in C.R.No. 32.
Advocate Saurabh Srivastav present for defendant in C.R. No. 32.
Plaintiff filed affidavit in reply to Notice of motion no. 3556/24.
Copy served to the other side.
Defendant tendered registered notice of motion no. 3556/24 alongwith affidavit in support.
Matter is adj. for hearing on NM no. 3556/24 to 20.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: As per the Office order no. 273 of 2024 dated 14.11.2024 declared as Holiday on 20.11.2024 for Poling Day of General Election of State Legislative Assembly of Maharashtra, matter adj. to 24.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Court is on vacant. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Parties are absent.
Adv. Shezaad Shaikh for plaintiff is present in Court hall and Adv. M. A. Khan for plaintiff is present through V.C.
Adv. Tripathi a/w adv. Rishikesh Mishra i/b Adv. Shrivastava for def. is present.
Heard ld. Adv of defendant and Adv. M.A. Khan for plaintiff on NM No. 3556/2024.
Following order is passed in Notice of Motion No. 3556 of 2024.
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.3556 of 2024 is allowed.
2. Defendant is permitted to tendered affidavit of examination in chief of the DW-2 Manindra Bera subject to supplying copy to the plaintiff.
3. Defendant is directed to keep his witness present on next date for facing cross-examination of DW-2 Manindra Bera.
4. If DW-2 failed to appear before Court for facing cross-examination, his affidavit deemed to be filed for his absence and would be discarded.
5. Hence, Notice of motion no. 3556 of 2024 is disposed off accordingly.
Matter is adj. for recording evidence of DW-2 to 02.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Parties are absent.
Adv. M. A. Khan present for plaintiff.
Adv. Rishikesh Mishra i/b B. K. Das and Associates present for defendant.
Witness DW-2 is present.
Exh. 39- Evidence affidavit of DW-2 is filed by ld. Adv of defendant. O-Read and Record.
Later on at 01.15 p.m.
Adv. M. A. Khan present for plaintiff.
Adv. Tripathi present for defendant.
Cross examination of DW-2 is commenced and completed.
Matter is adj. for R/E P.H to 17.04.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Parties are absent.
Adv. Shezaad Shaikh h/f Adv. M.A. Khan present for plaintiff and made a statement at bar that he do not want to adduce further evidence on behalf of plaintiff and intends to file closure pursis on next date.
Adv. Shraddha Patel present for defendant and tendered draft NM along with affidavit in support (Exh.-40). O.-Leave granted to register it.
Handwritten reply gave by ld. Adv of plaintiff on NM.
Later on at 04.10 p.m.
None present.
Matter is adj. for NM hearing to 19.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: Parties are absent.
Adv. Shezaad Shaikh i/b Adv. M.A. Khan present for plaintiff.
None present for defendant.
As court is busy in final arguments in Com. Suit No. 650/2024 and other administrative work hence, matter is adjourned.
Matter is adj. for NM hearing to 30.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Parties are absent.
Adv. Shaikh h/f Adv. Khan present for plaintiff.
Adv. Patel i/b Adv. Shrivastava present for defendant.
Matter is adj. for NM hearing to 30.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Parties are absent.
Adv. M.A.Khan a/w Krishna Yadav present for plaintiff.
Adv. Shraddha Patel present for defendant informed that due to the ill health of her senior Adv. Rishikesh Mishra therefore the NM could not be registered. Therefore I have directed the Sheristedar to take back the NM for sending it to the main branch for its registration. Perused the copy of draft NM. The leave was granted on 17.04.2025. Today is 30.07.2025. More than three and half months the motion is lying with the defendants Ld. Advocates for registration. It goes to show the mala-fide intention and ulterior motive to drag the proceeding in this designated Commercial Court which is established as per the aim and objects of the Commercial Courts act for speedy disposal of the commercial dispute. Hence, no necessity to sent the motion for its registration as the intention is crystal clear to drag and hold the proceeding of the suit to be conducted in accordance with the law. Hence the leave granted is called back and motion is filed with the costs of Rs. 50,000/- to be paid to the DLSA for dragging the matter intentionally.
Matter is adj. for final arguments to 31.07.2025 (urgent case)
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: Parties are absent.
Adv. M.A. Khan present for plaintiff.
Adv. Rishikesh Mishra present for defendant and requested time as he is not feeling well hence, adjourned on tomorrow.
Heard ld. Adv of plaintiff heard finally.
If the argument is not advanced deemed to be closed.
Matter is adj. for arguments to 01.08.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2025
Date: 01-08-2025
Business: Parties are absent.
Adv. M.A. Khan present through V.C. for plaintiff.
Adv. Rishikesh Mishra present for defendant.
Later on at 03.00 p.m.
Adv. M. A. Khan present through V.C. for plaintiff.
Adv. Yogesh Devnani present for defendant.
Heard ld. Adv of defendant partly.
Matter is adj. for further arguments of defendant to 02.08.2025 at 11.00 a.m.(urgent case)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: Parties are absent.
Adv. M. A. Khan present for plaintiff.
Adv. Yogesh Devnani present through V.C. for defendant
Heard ld. Adv of defendant.
Rejoinder reply arguments heard by ld. Adv of plaintiff.
Matter is adj. for filing written notes of argument/ratio to 07.08.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: None present.
Matter is adj. for citations to 18.08.2025.
Later on at 02.00 p.m.
Adv. Apurva Kudalkar i/b Adv. B.K. Das present for defendant.
Next Purpose: CIATATION
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: By Precipice
Adv. Rishikesh Mishra is present for defendant and filed application for taking matter on today's board. O-Allowed. TOR. Marked as Exh.41. O-Allowed, Heard.
Written notes of arguments tendered by ld. Adv of defendant. Marked as Exh. 42. O- Read and Record.
Matter is already kept on 18.08.2025.
Next Purpose: CIATATION
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Parties are absent.
Adv. M.A. Khan present through V.C. for plaintiff.
Adv. Rishikesh Mishra present for defendant.
Matter is adj. for citations to 26.08.2025.
Next Purpose: CIATATION
Next Hearing Date: 26-08-2025
Date: 26-08-2025
Business: Court is on leave.
Next Purpose: CIATATION
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Parties are absent.
Adv. M.A.Khan a/w Adv. Hamsa Shaikh present for plaintiff and tendered written arguments on rejoinder of arguments by defendant. TOR. Marked as Exh. 43. O-Read and Record.
Adv. Apurva Kudalkar i/b Adv. Yogesh Devnani present for defendant.
Matter is adj. for Judgment/citations to 30.09.2025.
Next Purpose: CIATATION
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Apurva Kudalkar a/w Adv. Yogesh Devnani present for defendant.
Court is busy in hearing of final arguments in Commercial Summary Suit No.219/2024 (Honble High Court Suit No.29/2010 having age of 15 yrs.). Hence, rest of the board is discharged.
Matter is adj. for citations to 06.10.2025.
Next Purpose: CIATATION
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: Parties are absent.
Adv. Shaikh Mohd. Hamza h/f Adv. M. A. Khan present for plaintiff.
Adv. Apruva Kudalkar present for defendant no.1.
Judgment is partly dictated as court is busy in recording evidence in commercial suit No. 604/2024 (High court suit no.03/2012) having age of 13 yrs. Hence, adjourned.
Matter is adj. for part Judgement to 07.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Rishabh Mishra present for defendant.
Judgment is partly dictated as court is busy in hearing of NM No. 1889/2024 in Com. Suit No. 925/2024 (Honble High Court Suit No.675/2022) since morning to 05.10 p.m. and further dictation of Judgment is started from 05.15 till 05.45. Hence, further dictation of Judgment is adjourned as court time is over.
Matter is adj. for further Judgment to 14.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: Parties are absent.
Adv. Apurva Kudalkar i/b Adv. Yogesh Devnani present for plaintiff.
None present for defendant.
Court is busy in passing order NM Nos.1248/2022, 2425/2022 and 3602/2022 in Com Suit No. 1294/2021 and framing of issues in Commercial Suit No. 561/2024 (High Court suit No. 242/2022). Hence, due to paucity of time matter is adjourned.
Matter is adj. for Judgment to 17.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Parties are absent.
Adv. Hamza Shaikh i/b Adv. M. A. Khan present for plaintiff.
None present for defendant.
Judgment is partly dictated. Further judgment is deferred tomorrow due to paucity of time.
Matter is adj. for Judgment to 18.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: None present.
For the reason separately recorded.
Operative part of Judgement.
1.The erstwhile Summary Suit subsequently converted in Commercial Suit No. 459 of 2020 is partly decreed with proportionate cost.
2.Defendant do pay to the plaintiff a sum of Rs.56,78,730/- alongwith at the rate of 16 (percent) P.A. from the date of filing of the Suit till its realization.
.Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 18-10-2025