Date: 21-12-2020
Business: By Precipe,
None for the Plaintiff.
Adv for deft Mr.Karan Singh present.
Adv for deft. filed V.P. Keep for Order.
Already Adjd for Affidavit of Service to 19.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: By Precipee.
NOB.TOB.
Adv. Yogesh Salunkhe for defendant present and tendered draft NM. O-Leave granted to register r/o 20.02.2021.
Adjd to 20.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: P.O. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Vijay Vaghela for plaintiff is present.
Adv. Rajesh Ghag for defendant is present.
Adv. for the plaintiff tendered original registered Summons for Judgment No. 10/21.
Order below NM No. 371/21
Perused the notice of motion which is supported by an affidavit being executed by defendant Dhaval Shaha. Heard Ld. Adv. of both the sides. This notice of motion is for condoning five days of delay in filing reply to summons for judgment. It is submitted that summons for judgment was received on 18.01.2021 by RPAD and reply should have been filed till 28.01.2021 and it was executed on 25.01.2021. Considering the reasons mentioned in Para Nos. 2, 3 and 4, I am satisfied for the reasons mentioned that there is no intentional delay for filing the affidavit in reply to summons for judgment. For giving fair opportunity and in the interest of Justice and as today itself the defendant is ready to file reply to summons for judgment on record I pass the following order-
ORDER
Notice of Motion No. 371/21 is allowed and made absolute in terms of prayer clause (a) and (b) with further direction that defendant to file affidavit in reply to summons for judgment today only and serve the copy of it upon the Adv. for the plaintiff.
Notice of Motion is disposed of accordingly.
Adv. for the defendant has filed affidavit in reply to SJ and also served upon Adv. for the plaintiff.
Matter adjd for SJ hearing on 19.04.2021 at 2.45 p.m.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 23/08/2021 for S/J hearing.
Next Purpose: HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.Vijay Vaghela for plaintiff present.
Adv.Akhil Rao h/f.Adv.Rajesh Ghag for defendant present.
Matter adjd. to 01.09.2021 for SJ hearing/steps.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv.Vijay Vaghela for plaintiff present.
Adv.Rajesh Ghag for defendant present.
The plaintiff tendered registered chamber summons No.733/21 a/w. affidavit, for service of witness summons on Income Tax Department. Copy of same is furnished to the defendant. Endorsement to that effect is made by defendant on chamber summons. Hence, chamber summons is adjourned for reply.
The SJ No.10/2021 is pending for hearing.
Matter adjd to 23.09.2021 for reply to chs by the deft. and hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv.Vijay Vaghela for plaintiff present.
Adv.Rajesh Ghagh for defendant present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Vakalatnama of defendant, Exh.5 already filed. Today, it is exhibited.
The defendant filed reply to chamber summons No.733/2021, Exh.6. Copy is furnished to the plaintiff. Endorsement to that effect is made.
Matter adjd to 11.10.2021 for hearing of chamber summons and SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv.Vijay Vaghela for plaintiff present.
None present for defendant.
Heard the plaintiff on chamber summons.
KB for argument of defendant.
LO at 05.01 pm,
None present.
Matter adjd to 18.10.2021 for chamber summons hearing by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: as on holiday declared.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv.Vijay Vaghela for plaintiff present.
Adv.Karansingh Shekhawat a/w. Adv.Rajesh Ghag a/w. Adv.Akhil Rao for defendant present.
Heard Adv.Karansingh Shekhawat and Adv.Vijay Vaghela on chamber summons.
Matter adjd to 26.11.2021 for Chamber summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Sujata Natekar h/f.Adv.V.M.Vaghela for plaintiff present.
Adv.Yogesh Salunke h/f.Adv.Rajesh Ghag for defendant present.
KB
LO at 01.01 pm,
Same appearance.
The plaintiff filed citation. Heard the plaintiff and defendant.
KB
LO at 02.54 pm,
Adv.V.M.Vaghela for plaintiff present.
Adv.Akhilrao h/f.Adv.Rajesh Ghag for defendant present.
Adv.for plaintiff made submission on citation. Keep for order.
LO at 5.00 p.m.
As Court is busy in dictating judgment in Comm.SU No.849/2021. Hence, matter adjd to 09.12.2021 for order on Ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv.Sujata D. Natekar for plaintiff present.
Adv.Akhil Rao for defendant present.
KB
LO at 5.30 p.m.
F.R.S.R. the following order is passed on CH/S No.733/2021
ORDER
1. Chamber Summons No.733/2021 is dismissed.
2. Costs shall follow the event.
Matter adjd to 05.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. R. N Goenkar present for plaintiff.
Adv.Akhil Rao present for defendant.
On oral request of the defendant.
Matter adjd to 02.02.2022 for hearing on summons for Judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. Ms. Sujata Natekar present for plaintiff and requested date for filing rejoinder in SJ.
Adv. Mr. Akhil Rao present for defendant.
Copy of rejoinder in SJ to serve in advance to the defendant.
Matter adjd to 24/02/2022 for rejoinder in SJ by the plaintiff/hearing of SJ.
Next Purpose: REJOINDER
Next Hearing Date: 24-02-2022
Date: 02-02-2022
Business: Adv. Ms. Sujata Natekar present for plaintiff and requested date for filing rejoinder in SJ.
Adv. Mr. Akhil Rao present for defendant.
Copy of rejoinder in SJ to serve in advance to the defendant.
Matter adjd to 24/02/2022 for rejoinder in SJ by the plaintiff/hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv.Rupesh Gaonkar i/b. Adv.Vijay Vaghela for plaintiff present.
Adv.Yogesh Salunke i/b.Adv.Rajesh Ghag for defendant present.
KB
LO at 03.05 pm,
Same appearance.
The plaintiff tendered rejoinder in SJ 173/21 t.o.r. and marked as Exh.7. Copy of same is furnished to defendant with endorsement.
If the defendant wants to file sur-rejoinder copy of same shall be served in advance to the plaintiff.
Matter adjd to 11.03.2022 for hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Mahi Lalka i/b.Adv.Vijay Vaghela for plaintiff present.
Adv.Akhil Rao h/f.Adv.Rajesh Ghag for defendant present.
Plaintiff filed application for adjournment t.o.r. and marked as Exh.8.
O-Heard. Considering the reason, adjournment granted.
Matter adjd to 22.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv.Vijay Vaghela for plaintiff present.
None present for defendant.
The plaintiff filed application for adjournment, Exh.9. The defendant is absent. O-Adjournment granted.
Matter adjd to 14.06.2022 for hearing of SJ.
Judge
LO at 12.20 pm,
Adv.Swapnil Gite h/f.Adv.Rajesh Ghag for defendant present.
Matter adjd to 14.06.2022 for hearing of SJ.
Next Purpose: HEARING
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv Sujata Natekar h/f Adv Vaghela present for plaintiff and filed adjournment application at Exh.10. O-Adjournmet granted.
Adv Rajesh Ghag present for defendant.
Matter adjd to 04.08.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Vijay Vaghela Present for Plff.
Adv. Akhil Rao h/f Adv.Rajesh Ghag Present for Deft.
Heard argument adv of plff.
Adv of deft seeks time for argument on SJ. granted as last chance.
Adj. For Argument on SJ 10/21 by deft on 10/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Sujata Natekar I/b Vijay Baghela Present for Plff.
Adv. Swapnil Gite Present for Deft.
Ex.11- Adv of deft has filed application for adjournment on the ground that advocate is not feeling well due to viral fever. Plff has given say on overleaf the application and strongly opposed the application on the ground that deft is intentionally delaying the matter.
Heard Ld advocate both parties. Considering the nature of litigation and ground of adjournment to have an opportunity and to decide on matter merit adj. granted as a last chance.
Adj. For Hearing on SJ 10/21 on 25/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. R.J Ghag a/w Adv. Akhil Rao for defendant is present.
KB..L.O at 12.37 p.m.
Adv. R.J Ghag a/w Adv. Akhil Rao for defendant is present.
Adv. Sujata Natekar I/b Adv. Vijay Waghela for plaintiff is present.
Heard advocate of defendant on S.J.
Advocate of defendant has filed case laws with list Exh. 12. O: Seen
KB.
Heard advocate of plaintiff and defendant.
Advocate of plaintiff has filed pursis a/w 7 photographs. O: Seen.
Case adj for order on S.J No. 10/2021 to 06/09/2022.
Next Purpose: ORDER
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Sujata Natekar I/b V. M. Vaghela Present for Plff.
None present for the deft.
F.R.S.R. following order passed in SJ 10 of 2021.
1. A summons for judgment No.10 of 2021 is disposed of as under.
2. Leave to defend the suit is granted to defendant subject to condition that he shall deposit principal sum of Rs.5,00,000/- within 30 days from the date of this order. If this condition is complied, defendant shall file his written statement within 30 days from the date of deposit.
Adj. For Compliance on 06/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Mahi Lalka I/b Vijay M. Vaghela Present for Plff.
Adv. Akhil Rao Present for Deft.
Adv of deft has filed draft NM along with affidavit for review of the order dt. 06/09/2022 passed on SJ No. 10/21. Leave granted for registration. Copy be served upon otherside. Service affidavit be filed.
Adj. For NM returnable on 04/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Vagehela Vijay Present for Plff.
Adv. Adv. Ranjeesh Ranjan Present for Deft.
Ex.14 - VP filed by Adv. Ranjeesh Ranjan on behalf of deft.
Ex.15 - Adv of plff has filed reply to Draft NM which was filed by deft on last date. Copy served to adv of plff.
Adv of deft contended that the Draft NM is not prescribed format there he is not pressing the said Draft NM. Hence the said draft NM stands disposed of being not pressed.
Adv of deft has filed fresh draft NM along with affidavit for setting aside order dt. 06/9/2022 passed on SJ no.10/21. Leave granted to register NM. Copy served to adv plff.
Ex.16 - Adv of plff has filed claimed affidavit along with documents.
Copy served to adv of deft.
Adj. For NM returnable and Marking of documents on 11/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Vijay Vaghela Present for Plff.
Adv. Rajanish Rajan Present for Deft.
Adv of deft has tendered registered NM 4163/22 along with affidavit.
Ex.17 - Adv of plff has filed reply to NM 4163/22. Copy served to the advocate of deft.
Adv of deft prayed for time to file rejoinder.
Adj. For Rejoinder to NM 4163/22 on 24/11/2022.
Next Purpose: REJOINDER
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Vijay Vaghela Present for Plff.
Adv. V. K. Sharma I/b Rajanish Rajan Present for Deft.
Ex.18 - adv of deft has filed rejoinder to NM 4163/22. copy served to otherside.
Adj. For Hearing on NM 4163/22 on 28/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Vijay Vaghela Present for Plff.
Adv. V. K. Sharma I/b Rajneesh Ranjan Present for Deft.
Heard argument adv of plff on NM.
Ex19- Adv of deft has filed written notes of argument of NM 4163/22. copy be served upon otherside.
Adj. For Order / reply argument of NM 4163/22 on 13/12/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: court is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Sujata Natekar Present for Plff.
Adv. V. K. Sharma I/b Rajnessh Ranjan Present for Deft.
Exh.20 Order passed on NM 4163/22.
F.R.S.R. following order is passed on NM 4163/22
ORDER
Notice of Motion No.4163 of 2022 is rejected.
--------
Case adjourned for evidence without written statement to 01/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Vijay Vaghela Present for Plff.
Adv. V. K. Sharma I/b Adv. Rajnesh Ranjan Present for Deft.
Today case if evidence for without WS. Plff has already filed claim affidavit along with documents at Exh.16 on 04/11/2022.
As there is no WS is record. It is necessary to keep the matter for cross examination. Hence case proceeded without cross of PW-1.
Document at page no.12 to 41 filed with chief examination are the same documents which were filed with plaint. Document at page no. 10,11 are additional documents. The certificate u/s. 65-B of Evidence Act filed with plaint at page no.39. Hence documents at page no.12 to 41 and document with plaint at page no.39 are marked as under.
Exh.21 - Original bank certificate dt. 29/08/2020 attached with defts honoured cheque photocopy of Rs.15,000/- in favour of plff, honoured on 17/05/2019.
Exh.22 - Two balance confirmation dt. 01/04/2015 of the deft to plff.
Exh.23 - Defts confirmation of accounts emailed on 10/05/2017 with four attachments.
Exh.24 - Defts confirmation of accounts emailed on 13/06/2017 with four attachments.
Exh.25 - Defts confirmation of accounts emailed on 08/05/2019 with five attachments.
Exh.26 - Ledger account of the deft in the books of the plff for ledger account from 1/04/2012 till 30/06/2020.
Exh.27- Copy of demand letter of plffs advocate Vijay Vaghela dt. 02/07/2020.
Exh.28 - Copy of postal receipt dt. 03/07/2020.
Exh.29 - Postal acknowledgement card of service demand notice upon the deft.
Exh.30 - Certificate under section 65-B of Evidence of Act.
Adj. For Further Evidence of plff on 14/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv Sujata Natekar h/f Adv. Vijay Waghela for plaintiff is present.
Adv V.K. Sharma I/b Adv. Rajessh Ranja for defendant is present.
KB L.O. at 12.48 pm
Adv. Vijay Waghela for plaintiff is present.
PW- 01 and PW-02 are present.
Oath given to the PW-01.
Exh.31 - Chief examination of PW-02 Vivek Balvantrai Thakkar. Oath given to witness.
Adv for defendant contended that on next date he going to file application for permission to take cross examination of PW-01.
Copy of chief examination of PW-02 served to other side.
Case is adjourned for cross examination of PW-02 to 15-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. R.N. Gaonkar i/b Adv. Vijay Vaghela for plaintiff present.
Adv. V.K. Sharma i/b Adv. Rajnesh Ranjan for defendant present.
PW No. 2 absent.
Exh.32 Adv.of defendant has filed application for adjournment.
Adv.of defendant made statement that he is intending to file draft NM for setting aside no cross order of PW No.1. Adjournment granted.
Case adjd for cross examination of PW No.2 to 10.04.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Vijay Vaghela Present for Plff.
Adv. V. K. Sharma I/b Rajnesh Ranjan Present for Deft.
Adv of deft has filed draft NM along with affidavit for setting aside order dt.01/02/2023 regarding no cross examination of PW-1. Leave granted to register NM. Copy be served upon otherside.
Adj. For NM returnable on 12/06/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: 12.06.2023
38
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm SU 861/2021 @ NM 1779/2023
Adv. Sujata D. Natekar I/b Vijay M. Vaghela for plaintiff present.
Adv. V. K. Sharma I/b Rajnessh Ranjan for defendant present and tendered registered NM 1779/2023. T.O.R.
Ld. Adv. for plaintiff filed reply to NM 1779/2023 .T.O.R.
Reply copy served on other side.
Adjd to 10/07/2023 for hearing on NM 1779/2023.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Shri. R. N. Gaonkar i/b. Vijay Vaghela learned advocate for plaintiff present.
Learned advocate for plaintiff orally prayed for time for hearing on NM moved by defendant.
O-Time granted to the plaintiff as last chance.
Shri. V. Sharma i/b. Rajnish Ranjan for defendant present.
Adjd. to 3/8/2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Vijay Vaghela for plaintiff is present.
None present for defendant.
Heard the Ld. adv. for plaintiff on the point of maintainability of suit as a Commercial Suit.
O- It appears from the contents of plaint that the plaintiff had advanced friendly loan to the defendant. Ld. adv. for plaintiff fairly admitted that there is no “Commercial Dispute” between the parties as defined u/Sec. 2(1)(c) of the Commercial Courts Act,2015 and further submitted that he had filed a Summary Suit but it was wrongly registered as “Commercial Suit”. Thus, in view of the above facts, the Registry of this Court is directed to re-assign the suit to some another Court which is not a designated Commercial Court. Parties are directed to appear before the concerned Court after re-assignment order.
Matter is adj for compliance to 17/08/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Both parties are absent when called.
Adv. Vijay Vaghela for plaintiff is present.
None for defendant.
Matter is fixed for hearing on NM. No adjournment application on record. As present matter first time came before me, same is adjourned for order till next date.
Matter Adjd for order to 09.10.2023.
Next Purpose: ORDER
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: Matter pertains to C. R. No. 83.
Adv Vijay Waghela for plaintiff present.
None for defendant.
In the interest of justice, last chance is granted to defendant to argue the NM, else appropriate order will be passed.
Matter stands Adj for NM hearing on 22/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Matter pertains to C. R. No. 83.
Adv Pradip Naik i/b Adv Vijay Waghela for plaintiff present.
None for defendant.
The defendant has taken out present NM 1779/2023 on 10/04/2023. Record shows that since 17/08/2023 none present for defendant. On previous date last chance granted to defendant to argue the NM. However none present for defendant when called till 4.20 pm. It seems that the defendant has lost interest. Hence the NM 1779/2023 stands dismissed for default.
Matter stands Adj for Steps on 16/03/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Matter pertains to C.R.No. 83.
Adv. Vijay Waghela a/w Adv. Sujata Natekar for plainitff is present.
None present for defendant.
The ld. Adv for plainitff has filed non deposit certificate. TOR. Marked as Exh. 33. O-Seen.
He also filed written notes of arguments. TOR marked as Exh. 34.
Matter stands Adj for Judgment to 02/04/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Matter pertains to C. R. No. 83.
Adv Vijay Waghela for plaintiff present.
Exh 35 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Summary Suit No. 664 of 2023 is Decreed with Cost.
2. The defendant does pay Rs. 6,45,000/- with further interest @ 12 percent per annum on principal amount of Rs. 5 Lakhs from the 01th September 2020 till its full realization.
3. Decree be drawn up accordingly.
4. Summary Suit No. 664 of 2023 disposed of.
Nature Of Disposal: DECREED
Disposal Date: 02-04-2024