Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: By preceipe.
O.- Be taken on today\''s board.
Adv. Amit Kandu for defendant present.
Ex.2 He filed V/N, taken on record and marked as Ex.2.
Already adjd to 04/08/2021.
Next Purpose: REPORT
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Pranitkumar Mhaske for defts. present.
Exh.3 - Adv. For defts. filed application for production of documents.
O. - Other side to say.
The matter is adjd for reply on Exh.3 to 18.09.2021.
Next Purpose: REPLY
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Pradeepkumar Mhaske for defts. present.
Exh.4 - Adv. For plaintiff filed reply to application for production of documents. T.O.R.
Exh.5 - List of documents. T.O.R.
ORDER ON EXH.3
This application is filed by defendants seeking directions for production of documents by plaintiff. Today, plaintiff has filed documents sought by the defendants along with list at Exh.5. Therefore, this application is disposed of.
Parties to follow provisions of Order 37 of C.P.C. for the hearing of the suit.
The matter is adjd for applying summons for judgment to 16.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: By preceipe. O. - Be taken on today\''s board.
Adv. Jyoti Malde for plaintiff present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve is granted.
The matter is already adjd to 16.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 16.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for deft. nos.1 to 3 present.
Adv. For plaintiff tendered registered S/J No.119/21. T.O.R.
Copy of S/J is served to Adv. for deft. nos.1 to 3.
Exh.6 - List of documents filed by Adv. For plaintiff. T.O.R.
The matter is adjd for reply to S/J to 30.10.2021.
Next Purpose: REPLY
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 submits that deft. nos.1 and 2 reside at Pune and deft. no.3 resides in Australia. Draft copy of the reply to S/J is sent to deft. no.1 for affirmation. But, same is not received from deft. no.1. He prayed to keep on record draft copy of reply to S/J.
Draft copy of reply to S/J is taken on record subject to condition that defts. shall file duly affirmed reply affidavit on next date.
Copy of draft reply to S/J is served to Adv. For plaintiff.
The matter is adjd for hearing on S/J to 16.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Praneet Kumar S. Mhaske along with Adv. Amit Kandu and Adv. Sagar Chaturvedi for deft. present.
Adv. For deft. tendered reply to S/J. T.O.R.
Exh.7 - Adv. For plaintiff filed list of documents. T.O.R.
Copies of documents is already supplied to Adv. For deft.
Heard arguments of both sides on S/J No.119/21.
The matter is adjd for order on S/J to 20.11.2021.
Next Purpose: ORDER
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Vinod Chaturvedi h/f. Adv. Amit Kandu for deft. present.
F.R.S.R. following order is passed on S/J no.119/21 -
ORDER
1. Defendants shall deposit a sum of Rs.2,00,000/-(Rs.Two Lacs only) in Court within a period of 6 weeks from today. If this condition is compiled with, defendants are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
3. There shall be no order as to costs.
4. S/J No.119/21 is accordingly disposed of.
The matter is adjd for compliance to 18.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Jyoti Malde for plaintiff present.
K.B.
L.O.
Adv. Praneet Kumar Mhaske along with Adv. Amit Kandu and Adv. Sagar Chaturvedi for defts. present.
Adv. For defts. submits that as per order dated 20.11.2021, defendants deposited an amount of Rs.2,00,000/- in the Court.
The matter is adjd for filing written statement to 15.01.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None present for plaintiff
Adv. Amit Kandu for defendants present
He sought time for written statement.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for written statement to 21.02.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: P.O. is on leave.
Hence, matter is adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Praneet Kumar Mhaske for deft. nos.1 to 3 present.
Exh.8 - Written statement of deft. nos.1 to 3. T.O.R.
O. - Read and recorded.
The matter is adjd for admission and denial to 22.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for plaintiff.
Adv. Praneet Kumar Mhaske for defts. present. He sought time for filing affidavit of admission and denial. Time as sought for is granted as a last chance.
The matter is adjd for admission/denial to 31.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: None for plaintiff.
Adv. Amit Kandu for defts. present. He sought time for filing affidavit of admission and denial. Time is granted as a last chance.
The matter is adjd for admission and denial to 07.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for defts. present.
Both parties sought time for filing affidavit of admission and denial. Time as prayed for is granted.
The matter is adjd for admission/denial to 22.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv. Jyoti Malde for plaintiff present.
None for defts.
Adv. For plaintiff submits that defts. have not filed on record documents along with written statement. Therefore, plaintiff is unable to file affidavit of admission and denial.
None appeared on behalf of defendants. Defendants failed to file affidavit of admission and denial. Therefore, matter be kept for case management hearing.
The matter is adjd for case management hearing to 12.07.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None for plaintiff.
Adv. Amit Kandu for deft. nos.1 to 3 present.
Exh.9 - Adv. For deft. nos.1 to 3 tendered affidavit of admission and denial. T.O.R.
K.B.
L.O. at 11.50 am.
Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for deft. nos.1 to 3 present.
Copy of affidavit of admission/denial of deft. nos.1 to 3 is supplied to Adv. For plaintiff.
Heard both sides on case management hearing.
Exh.10 - Issues settled.
Issues are settled today. Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1. Parties are directed to submit list of witnesses within 15 days.
2. After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 30 days.
3. After submitting evidence affidavits, cross examination of plaintiff and plaintiff\''s witnesses shall be completed within 45 days and thereafter, cross examination of defendants and defendants\'' witnesses shall be completed within next 45 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note, if they failed to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
The matter is adjd for filing list of witnesses to 26.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for deft. nos.1 to 3 present.
Exh.11 - Adv. For plaintiff filed list of witnesses. T.O.R.
Exh.12 - Pursis filed on behalf of deft. nos.1 to 3 contending therein that defendants cannot file list of witnesses. T.O.R.
The matter is adjd for filing evidence affidavits to 11.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Jyoti Malde for plaintiff present.
None for defts.
Exh.13 - Adv. For plaintiff tendered evidence affidavit of PW-1 Sandesh Changale. T.O.R.
Exh.14 - List of documents. T.O.R.
Exh.15 - Adv. For plaintiff tendered evidence affidavit of PW-2 Dr. Sachin Nair. T.O.R.
Exh.16 - List of documents. T.O.R.
The matter is adjd for evidence to 26.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Jyoti Malde for plaintiff present.
Adv. Amit Kandu for deft. nos.1 to 3 present.
PW-1 present.
Exh.17 - Adv. For deft. nos.1 to 3 tendered application for adjournment.
Exh.18 - Adv. For plaintiff tendered certificate u/s.65-B of Evidence Act. T.O.R.
Order below Exh.17 - Adjournment as prayed for is granted.
The matter is adjd for evidence to 16.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None for plaintiff.
Adv. Sandesh Kamble for deft. No. 1 to 3 present.
K.B.
Witness is present. From the evidence PW1 Sandesh following documents are exhibited
True copy of discharge summary marked as Exh- 19.
List of covid 19 Tracker marked as Exh- 20.
Cross Examination is completed.
The matter is adjd for evidence to 04.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: The court is vacant.Hence, Matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: As court is vacant. Hence. matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Matter received under transfer to Court Room N0. 14.
Adv. Jyoti Malde present for plaintiff she seeking oral adjournment.
Plaintiff to take steps.
Adv. Sandesh Kamble i/b Adv. Praneet Mhaske present for defendant Nos. 1 to 3.
Matter adjourned to 04.10.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Jaslok Hospital Vs Surayawanshi Pandhari
Adv. Jyoti Malde present for plaintiff.
PW-2 Sachin Nair present.
Adv. Sandesh Kamble present for defendant.
Perused record.
The dispute pertains to bills between the Hospital and Patients. Considering this fact the matter is refereed to Mediation.
Matter adjourned to 19.12.2023 for Mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Jaslok Hospital Research Centre Vs Surayawanshi Pandhari
Adv. Jyoti Malde present for plaintiff.
Defendant side called, but absent.
Plaintiff submitted that as mediation failed, the Suit is now posted for examination chief of PW 2 Sachin Nayar.
Case adjourned to 13.02.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: None present.
KB
LO at 12.17 pm
None present.
Matter stands Adj for Evidence on 19/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: None present for plaintiff and defendant.
On last date also none present for plaintiff and defendant.
Matter is adjourned as a last chance for evidence of PW 01.
Matter stands Adj for Evidence on 22/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: P. O. is on Training.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv Jyoti Malde for plaintiff is present.
Adv Sandesh Kamble i/b Adv Pranit Kumar Mhaske for defendants is present.
PW-2 Dr. Nair absent.
The matter is for cross examination of PW-2. It is submitted that the witness is not keeping well and thus unable to remain present. The matter is of the year 2021, hence the palintiff is directed to keep the witness present on next date without fail.
Matter stands Adj for cross examination of PW-2 on 12.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Adv Jyoti Malde for plaintiff present.
Adv Sandesh Kamble for defendant no. 1 to 3 present.
Witness absent.
KB
LO at 1.08 pm
PW 02 Dr. Sachin Nair present.
Cross-examination of PW 02 commenced and concluded. Witness is discharged.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 23. O- Seen.
Matter stands Adj for Arguments on 23/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: P. O. is on Leave. (Morning Session)
Adv Jyoti Malde for plaintiff present.
Adv Sandesh Kamble for defendant present.
Matter stands Adj for Arguments on 20/09/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: Adv Jyoti Malde for plaintiff present.
Adv Sandesh Kamble for defendants present.
He filed written notes of arguments. t.o.r. marked as Exh. 24. O- Seen.
Adv for plaintiff seeks time to file written notes of arguments. Granted as a last chance.
Matter stands Adj for Arguments on 08/11/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Date: 27-11-2024
Business: Adv Jyoti Malde for plaintiff present.
Adv Sandesh Kamble for defendants present.
Exh 16 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.520 of 2021 is partly decreed with costs.
2. Defendants do pay jointly and severally an amount of Rs.12,55,846/- together with interest at the rate of 7 percent per annum from the date of demand notice sent by the plaintiff to the defendants, till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.520 of 2021 disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 27-11-2024