Date: 01-10-2021
Business: Adv Ashiwini Chindarkar h/f Adv Tungare present for the plaintiff.
Adv Pankti Dedhia I/b M/s Y and A Legal present for the defendant.
KB
Adv for the plaintiff filed affidavit of service TOR O- filed. She is objecting the service.
Matter is adjd to 03.12.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: P.O. is on Leave.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: None present.
Matter is adjd. for awaiting summons report to 07-07-2022.
Next Purpose: REPORT
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present for Plaintiff.
Adv. Ms. Dedia for defendant present and filed affidavit is t.o.r and marked as Exh-5. Keep for order.
Adjd to 7/9/2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: As court is vacant.
Next Purpose: ORDER
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: P. O. is on Leave.
Next Purpose: ORDER
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv.Rishikesh D. Chindarkar present for plaintiff.
Adv. Pankti Dedhia present for defendant.
Hear the both sides
The Counsel of plaintiff have no objection for taking VP on record. It appears from affidavit of defendant that the defendant has tendered VP before board dept. on 22-09-2020, but it appears that it is not annexed with the recording proceeding with the suit, hence, board department is directed to take search VP of defendant and submit before the court. The defendant also tendered fresh VP TOR marked as Exh.6.
The plaintiff is directed to take further steps.
Matter stands adjourned for steps by plaintiff on 30-10-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: None present for plaintiff.
Adv. Pankti Dedhia present for defendant.
Matter stands adjourned for steps by plaintiff on 19-03-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: None present for plaintiff.
Adv. Pankti Dedhia present for defendant.
Plaintiff failed to take steps to proceed with the suit, hence, put up for dismissal on next date.
Matter stands adjourned for dismissal on 06-05-2024.
L.O. at 1.15 pm.
Adv. Ashwini Chindarkar present for plaintiff, tendered draft
Summons for Judgment TOR.
O- Leave granted to register.
Matter stands adjourned for Summons for Judgment
service 06-05-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: None present.
Kept back.
L.O. at 11.50 pm.
None present for plaintiff.
Adv. N.R. Majra present for defendant.
Plaintiff is directed to get register the Summons for Judgment on or before next date.
Matter stands adjourned for Summons for Judgment hearing
on 01-08-2024.
Kept back.
L.O. at 12.30 pm.
Adv. Tarannum Shaikh present for plaintiff.
Matter is already adjourned for Summons for Judgment hearing
on 01-08-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: None present.
Kept back.
L.O. at 11.55 am
None present for plaintiff.
Adv. Pankti Dedhia present for defendant.
Kept back.
L.O. at 12.05 pm.
Adv. Tarnnum Shaikh present for plaintiff. Seeking extension of time to get register the Summons for Judgment. Time is granted.
Adv. Pankti Dedhia present for defendant.
Matter stands adjourned for Summons for Judgment hearing
on 10-09-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: As the presiding officer is on leave, hence, matter is adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: None present for plaintiff.
Adv. Sufyan Miruniwala present for defendant.
Matter stands adjourned for Summons for Judgment hearing
on 09-12-2024.
Later on at 12.15 pm.
Adv. Diksha Shinde present for plaintiff, tendered registered
Summons for Judgment No.225/24 TOR.
Matter stands adjourned for Summons for Judgment service
on 09-12-2024.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: None present for plaintiff.
Adv. Sufyan Mirchiwala present for defendant. He submitted that the Summons for Judgment is served upon the defendant on 06-12-2024 and seeking time to file reply to Summons for Judgment. The defendant is at liberty to file reply within stipulated period.
Matter stands adjourned for Summons for Judgment hearing
on 29-01-2025.
Later on at 12.30 pm.
Adv. Diksha Shinde present for plaintiff.
Matter is already adjourned for Summons for Judgment hearing
on 29-01-2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Matter pertains to CR. No.84
Adv. Diksha Shinde for plaintiff is present.
Adv. Pankti Haria for defendant is present.
Defendant to file reply within stipulated period.
Matter is adj to 12.02.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to CR. No.84
Adv. Diksha Shinde for plaintiff is present.
Adv. Pankti Haria i/b Y and A Legal for defendant is present and filed draft Notice of Motion to condon delay to file reply to Summons for judgment along with affidavit in support and reply to Summons for judgment. O-Leave is granted to register the draft Notice of Motion. Copy served to other side.
Matter is adj to 13.03.2025 for filing registered notice of motion and reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertain to CR. No.84
Adv. Diksha Shinde for plaintiff is present and requested for adjournment to file reply to NM. Adjournment is granted.
Adv. Sufiyan Mirchiwala for defendant is present and filed registered Notice of Motion No.1128/25 along with affidavit in support.
Matter is adj. to 04.04.2025 fo filing reply to Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Adv Diksha Shinde present for plaintiff.
Adv Mustafa Chitalwala present for defendant.
Exh.07- Plaintiff filed reply on Notice of Motion No.101128 / 2025.
Kept back
Later on at 13.59 Hrs.
Adv Diksha Shinde present for plaintiff.
Adv Mustafa Chitalwala present for defendant.
Kept back for order in second half.
Later on at 14.50 Hrs.
Adv Diksha Shinde present for plaintiff.
Adv Mustafa Chitalwala present for defendant.
Heard both side on Notice of Motion No. 0101128/2025
Through said notice of motion No.101128/2025, defendant has prayed for condonation of delay of 78 days in filing leave to defend.
Plaintiff has opposed the notice of motion.
Relevant dates for adjudication of notice of motion are as follows -
25.09.2020 – Suit is filed.
23.08.2023 – Defendant filed Vakilpatra.
19.03.2024 – Plaintiff filed draft copy of summons for judgment.
04.11.2024 – Plaintiff filed registered copy of summons for judgment.
06.12.2024 – Copy of summons for judgment is served on defendant.
12.02.2025 – Defendant filed notice of motion for condonation of delay.
According to defendant, due to business commitment during December-2024, he was constantly traveling, hence, it became difficult for him to co-ordinate and provide necessary instructions to the lawyer, causing delay of 78 days.
Defendant being businessmen, said explanation is reasonable.
Perusal shows that after the defendant filed vakilpatra on 23.08.2023, the plaintiff tendered the draft copy of summons for judgment on 19.03.2024 and filed the registered copy only on 04.11.2024.
Plaintiff did not give any explanation as to why it took this much time for the plaintiff to file the draft copy and thereafter the registered copy.
If any party, for technical reasons, is deprived of raising its case, then it may result in improper adjudication. That may lead to complexity in the dispute and may also lead to multiplicity of litigation. If that happens, then it drags the parties into further litigation, causing serious prejudices to them. Hence, it is always in the interest of justice that, both contesting parties are provided sufficient opportunities to raise their contentions and to prove their case.
Considering all these facts, it would be just and proper that the delay is condoned, but subject to payment of the costs. Considering claim of Rs.59,384/- and delay of 78 days, then in that circumstances, costs of Rs.3,000/- would be proper. Hence, following order -
ORDER
1. Notice of Motion No. 101128 / 2025, is allowed, subject to Cost of Rs. 3,000/- (Rs.Three Thousand Only), as follows -
From said costs of Rs.3,000/- (Rs.Three Thousand), Rs.2,000/- (Rs.Two Thousand Only) be paid to plaintiff and Rs.1,000/-(Rs.One Thousand Only) be paid to DLSA, Mumbai.
2. Defendant shall pay said Cost by next date.
3. If defendant pays the Cost by next date, then the delay caused to him, in filing his Leave to Defend, shall stand condoned. Then, the Leave to Defend of defendant be taken on record, forthwith.
4. If defendant fails to pay the Cost, then Summons for Judgment shall proceed without Leave to Defend.
5. Parties be informed about their right to challenge this Order and period of limitation for same.
6. Proceeding of Notice of Motion No. 101128 / 2025 is closed.
7. Order pronounced in Open Court.
8. Record of Notice of Motion shall be part of Summary Suit No. 100595 / 2021.
Suit is adjourned to 07.05.2025 for compliance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Matter pertains to CR. No.84
Adv. Diksha Shinde for plaintiff is present.
Adv. Sufyan Mirchiwala for defendant is present and filed pursis for compliance of costs of Rs.2,000/- by cheque to the plaintiff and 1,000/- to DLSA along with track report and receipt. TOR and marked as Exh-8. Hence, reply to Summons for judgment is taken on record.
Matter is adj to 27.06.2025 for filing original document and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Adv. Diksha Shinde present for plaintiff. Seeking time. Time is granted.
Adv. Sufiyan Mirchiwala present for defendant.
Matter stands adjourned to 07-08-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Adv. Diksha Shinde present for plaintiff. Seeking time of filing the original documents. Time is granted as last chance, subject to costs of Rs.300/- vide section 35 B of CPC.
Adv. Afnan Husain i/b YNA legal present for defendant.
Matter stands adjourned to 15-09-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: None present for plaintiff.
Adv. N.R. Majra present for defendant.
kept back.
Later on at 12.15 pm.
Adv. Diksha Shinde present for plaintiff.
Adv. N.R. Majra present for defendant.
Matter stands adjourned to 11-11-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: None present for plaintiff.
Adv. Afnan Husain i/b YNA Legal present for defendant.
Matter stands adjourned to 10-12-2025 for Summons for Judgment
hearing.
Later on at 12.15 pm
Adv. Apurva Morajkar present for plaintiff.
Matter is already adjourned to 10-12-2025 for Summons for
Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Adv. Manthan Birje i/b Amit Tungare present for plaintiff.
Adv. N.R. Majra present for defendant.
Heard the argument on Summons for Judgment.
Matter stands adjourned to 09-02-2026 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: P. O. is on leave. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2026
Date: 15-06-2026
Business: court is vacant hence, adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Matter received from C.R.85 as per office order.
Plaintiff absent. Adv. Manali Kamat i/b Adv. Amit Tungare for plaintiff present and submitted that AOR is not present short date may be granted. O- oral request granted.
None present for defendant.
Later on at 12.50 p.m. Adv. N.R.Majra for defendant present.
Matter adjourned to 28-08-2026 for SJ hearing.
Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: Plaintiff Adv. Shravani Mekade i/b Adv. Amit Tungare for plaintiff present.
Defendant absent. Adv. N.R.Majra for defendant present.
Matter adjourned to 09.09.2026 for SJ hearing.
Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-09-2026
Date: 09-09-2026
Business: CORAM: H.H.J. SHRI. P. B. LOKHANDE (C.R. NO.82)
None present for the plaintiff.
Defendant absent. Adv. N.R.Majra for defendant present.
Heard argument of defendant Advocate.
Kept back.
Later on at 12.09. p.m.
Plaintiff absent. Adv. Shrawani Mekade i/b Adv. Amit Tungare for plaintiff present and tendered written notes of argument TOR. Copy served to the other side in Court and Advanced oral argument.
FRSR following order is passed below SJ 225/24.
ORDER
1.
Summons for Judgment No.225 of 2024 in Summary Civil Suit No.595 of 2021 is disposed of in following terms.
2.
Leave is granted to the Defendant Company to defend the suit subject by depositing Rs.13,767/- in this Court within a period of one month from the date of order and shall file written statement within 30 days, thereafter.
3.
After depositing the amount, the PLA Section is directed to invest the same into Fixed Deposit, till disposal of the suit or till further order.
4.
If this conditional order of deposit is not complied within the stipulated period, as mentioned herein above, the plaintiff shall be entitled for an ex-parte decree against Defendant Company after obtaining a non-deposit certificate from the PLA Section.
5.
Summons for Judgment No.225 of 2024 is disposed of accordingly.
Matter adjourned to 09.10.2026 for compliance by the defendant.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2026