Date: 19-10-2018
Business: Adv.Ms. Survana Gambir for Plaintiff
None for Defendant
Adv for plaintiff has filed application for extension of time to serve the writ of summons upon the defendant. O- time is extended.
Matter is adjd. to 05/02/2019 for report.
Next Purpose: REPORT
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv. Aishwarya Poojari for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed affidavit of service, TOR.
Matter is adjd. to 11/03/2019 for Exparte order.
Next Purpose: REPORT
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Suvarna Gambhir for Plaintiff present.
None for Defendant.
Matter is adjd. to 15/04/2019 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv for plaintiff Ms.Poojari present
Adv for deft Mr.Shelke present
Adv for plaintiff filed reply to C/S
Adv for deft tendered registered C/S 654/19
Matter is Adjd for C/S Hearing to 04/07/2019
Next Purpose: C/S HEARING
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Adv. Jain for plaintiff
Adv. for Apte for Defendant.
Adjd for hearing on 24/7/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv Jain for plaintiff.
Adv. Sayli Apte for defendant.
Draft chamber summons along with affidavit tendered by Adv for plaintiff. Copy be served to other side and proposed Defendants.
Adj for Hearing of Chamber summons no.654/19 and reply to Draft chamber summons . Adj for 30/08/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 01-10-2019
Date: 30-08-2019
Business: Adv. Yashpal jain for plaintiff present.
Adv. Apte for defendant present.
Draft Ch/s @ affidavit filed by Adv for plaintiff. Leave granted
to register. Copy is supplied to other side.
Adjourned for reply to 1/10/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Yashpal for plaintiff present.
Adv. Apate for deft. Present.
Registered Ch/s no. 1754/19 @ affidavit tendered on record by adv. for plaintiff.
Heard both sides
O-The amendment is to bring the proper party on record which has been disclosed by the deft in their affidavit in support to the ch/s no. 654/19. The amendment would bring the proper and necessary party on record. It will not change the nature of the case. Therefore, ch/s 1754/19 is allowed. Plff is permitted to amend the plaint as per prayer clause (a) and (b) of ch/s.
Adjd. for compliance to 07.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2019
Date: 01-10-2019
Business: Adv. Yashpal for plaintiff present.
Adv. Apate for deft. Present.
Registered Ch/s no. 1754/19 @ affidavit tendered on record by adv. for plaintiff.
Heard both sides
O-The amendment is to bring the proper party on record which has been disclosed by the deft in their affidavit in support to the ch/s no. 654/19. The amendment would bring the proper and necessary party on record. It will not change the nature of the case. Therefore, ch/s 1754/19 is allowed. Plff is permitted to amend the plaint as per prayer clause (a) and (b) of ch/s.
Adjd. for compliance to 07.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2019
Date: 07-11-2019
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv. Yaspal Jain preset for the plff.
Adv. Perana Dhoke present for the deft
Amendment plaint has been served on the deft in the Court by giving it to the advocate Dhoke.
Adj. For Steps on 21/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Court is on leave.
Matter adjd to 19/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-02-2020
Date: 21-12-2019
Business: Court is on leave.
Matter adjd to 19/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-02-2020
Date: 19-02-2020
Business: wrongly on holiday
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2020
Date: 19-02-2020
Business: wrongly on holiday
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv.Aishvarya Poojari for plff.present.
Adv.Shete for def.present.
Ch/s.654/2019 already disposed.
Adv.for plff.filed draft SJ along with affidavit. t.o.r.
Leave granted to register S.J.Copy served to the deft.
Adjd.to 25/06/2020 for registration.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2020
Date: 20-02-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. Aishwarya Pujari for plaintiff
Adv. Dhoke for defendant
Adjd to 03-03-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Yashpal jain for plaintiff filed register SJ 68/20 @ affidavit.
None for defendant.
Adjd for SJ hearing to 03-05-2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Advocate Jain for plaintiff present..
Adv. Dhoke for defendant present.
By consent.
Matter is adjd to 18-11-2021 for SJ hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Jain for pltff present.
Adv. Pawar h/f Adv. Lad for deft no. 5 and 6 present.
The Adv for deft no. 5 an 6 requested date with reason that her Adv is engaged in High Court. The pltff has strong objection to give next date. Roznama disclose that from 20/02/2020 the suit is posted for SJ Hearing therefore strictly last chance is grated to deft no. 5 and 6 for SJ Hearing.
Matter is adjd to 20/12/2021 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Mr. Yashpal Singh for plaintiff present.
Adv. Mr. P. G. Lad for the defendant present.
By consent, matter is adjd. to 14/01/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: The suit is posted for SJ hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
Matter is adjd. to 08/04/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None for plaintiff.
Advocate Ms. R.R. Pawar for defendant no. 5 and 6 present.
None for other defendant.
Matter is adjd. for SJ hearing to 13-07-2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
Adv. Chandani Gupta for Plaintiff present.
None present for defendant.
Adjd to 23/08/2022 for hearing on S.J.
Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: As court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv.Yashpal Jain present for plaintiff.
Adv.R.R. Powar present for defendant No.5 AND 6.
Heard Counsel of plaintiff. Plaintiff seeking time to file original document. Time is granted.
Matter stands adjourned for hearing on SJ P.H. on 11-08-2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Adv. Yashpal Jain a/w Adv. Gupta for plaintiff is present. Seeking time. Time is granted.
Adv. R.R Pawar for defendant No.5 and 6 is present.
Matter stands adjourned to 18/09/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Adv.Yaspal Jain present for plaintiff.
Adv.R.R. Powar present for defendant No.5 and 6.
Both have submitted that the compromise is in progress, the plaintiff has given proposal, hence both are seeking time. Time is granted.
Matter stands adjourned for argument P.H. on 20-10-2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: A presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: P. O. is on Leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv.Chandani Gupta present for plaintiff.
Representative of defendant present in person. Seeking time to engage new counsel. Time is granted.
Matter stands adjourned for Argument on 07-03-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv.Yaspal Jain present for plaintiff, tendered rejoinder to Summons for Judgment TOR.
Copy supplied to other side.
None present for defendant.
Matter stands adjourned for argument on 24-06-2024.
L.O. at 1.00 pm.
Adv. Roshan Bamne present for defendant, tendered appearance
memo TOR marked as Exh. 5.
Matter stands adjourned for argument on 24-06-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Yashpal Jain present for plaintiff.
Adv. Roshan Bamane h/f Suresh Jain present for defendant.
Heard the advocate of plaintiff.
L.O. at 12.30 pm.
Adv. Yashpal Jain present for plaintiff.
Adv. Suresh Jain present for defendant. Seeking time. Time is granted.
Matter stands adjourned for argument on 16-07-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Adv.Yaspal Jain present for plaintiff.
None present for defendant.
Kept back for defendant argument.
L.O. at 1.05 pm.
Adv. Yaspal Jain present for plaintiff.
Adv. Suresh Jain present for defendant, tendered VP TOR marked as Exh.6.
Heard the counsel of plaintiff.
Plaintiff tendered original documents in Summons for Judgment TOR.
The defendant tendered written notes of argument alongwith citations in Summons for Judgment TOR.
Heard both sides.
Matter stands adjourned for further argument on 05-08-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Chandani Gupta present for plaintiff.
None present for defendant.
Kept back.
L.O. at 1.10 pm..
Adv. Yaspal Jain present for plaintiff.
Adv. Suresh Jain present for defendants.
Heard both sides.
F.R.S.R. following order is passed-
ORDER
1.Summons for Judgment No.68 of 2020 in Summary Suit No.874 of 2018, is disposed of in terms of following order -
2.Leave is granted to the defendants to defend the suit on depositing in this Court a sum of Rs.50,00,000/- by defendant Nos.5 and 6 within a period of one month from the date of this order.
3The defendants shall file written statement within stipulated period after depositing the conditional amount by defendant Nos.5 and 6.
4.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.
5.If this conditional order of deposit is not complied within the stipulated period, as mentioned hereinabove, the plaintiff shall be entitled for an ex-parte decree against the defendants after obtaining a non-deposit certificate from the PLA Section.
6.Summons for judgment is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for compliance on 05-09-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Adv. Jahnavi Vora h/f Yashpal Jain for plaintiff present.
Adv. Suresh Jain for defendant present submitted that the defendants have preferred appeal order of Summons for Judgment and tendered a pursis mentioning that an A.O. is preferred before Honble Bombay High Court TOR marked as Exh.07.
Matter stands adjourned for for hearing on 16-10-2024.
Next Purpose: HEARING
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Adv. Yashpal Jain present for plaintiff through Video Conference.
Adv. Roshan Bamne present for defendant, tendered pursis TOR marked as Exh.08. Contending that the order on Summons for Judgment is challenged before Honble Bombay High Court and its pending for circulation on 14.11.2024. But, fairly admitted that there is no stayed to the proceeding. Therefore, this court has no optioned but proceed further as per provisions of order 37 rule 3(6)(b) of CPC.
F.R.S.R. following order is passed -
Judgment Exh.09.
ORDER
1.Summary Suit No.874 of 2018, is hereby partly decreed with costs.
2.Plaintiff do recover an amount of Rs.50,00,000/- from the defendants alongwith interest at the rate of 9 percent per annum from the date of default i.e. 17/03/2018, till the recovery of entire amount.
3.Court fees, if any, be refunded as per rule.
4.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 16-10-2024