Date: 30-07-2018
Business: Adv. Kiran Jadhav for Plaintiff present.
None for Defendant.
Advocate for plaintiff seeks time for service upon the defendant.
Matter is adjd. to 25/10/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Matter transferred from Cr. no. 28.
Adv. Mrs. Pallavi Gargi Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed original writ of summons. t.o.r.
Ld counsel for the Plff filed Service affidavit. t.o.r.
as per service affidavit deft no. 1, 3, 4, 5 not claimed. Deft no.2, 6 and 7 served, acknowledgement placed. When called Deft no. 01 to 07 absent. Hence suit proceeded Ex-parte against deft no. 01 to 07.
Adj. For Ex-parte Evidence on 10/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Adv for plff. Mrs. Pallavi Gandhi present
Exh 2 plff. Filed affidavit of evidence
Exh 3 List of document along with documents
Matter is Adjd for Further Evidence on 11/02/2019
L.O.
Adv for deft. Gaware present
Deft no 1to 5 filed draft N/M along with affidavit
Leave granted to register
Matter is adjd for reply to Notice of Motion on 11/02/2019
Next Purpose: REPLY
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Adv for plff.Ms. Rakhi Tawde present
Adv for deft Mr. R.Gonsalvis present
Adv for plff. filed reply to N/M 313/19
Adv for deft tendered registered N/M 313/19
Adv for deft stated that he has received copy of reply
Matter is Adjd for Hearing on N/M 313/19 on 08/03/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. Ms. Pallavi Ghandi Present for the Plff.
Adv. Ms. A. Gonsanvalis Present for the Deft.
On the oral request of the Ld counsel for the deft. Adj. Granted.
Adj. For Hearing of NM 313/19 on 08/04/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Matter transferred from Cr. no.09.
Adv. Pallavi Ghandhi a/w Plff no.2 inperson present.
None Present for the Deft.
Adj. for Hearing of NM 313/19 on 16/07/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 04.09.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Date: 04-09-2019
Business: Adv. Pallavi Gandhi for the plaintiff is present.
None for defendant.
Matter is adjourned to 01-10-2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Ms. Pallavi Gandhi for plaintiff present.
Adv. Mr. R. Gonsalvis H/f E. Gonsalvis for defendant present.
He seeks time for hearing on NM application.
O- Granted as a last chance.
Matter adj for Hearing on NM to 24.10.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Adv.Pallavi Gandhi for plaintiff present.
None for defendant present.
KB
L.O. at 11.55pm
Adv.Ms.Pallavi Gandhi for plaintiff present.
Adv.Ms.E.A.Gonsalvis for defendant present.
Heard argument of advocate of both side.
Matter adj for NM order to 14.11.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 14-11-2019
Date: 24-10-2019
Business: Adv.Pallavi Gandhi for plaintiff present.
None for defendant present.
KB
L.O. at 11.55pm
Adv.Ms.Pallavi Gandhi for plaintiff present.
Adv.Ms.E.A.Gonsalvis for defendant present.
Heard argument of advocate of both side.
Matter adj for NM order to 14.11.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Pallavi Gandhi for plaintiff present.
Adv. R. Gonsalvis for defendant present.
Matter adjourned for Re-argument on N/M to 19.12.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2019
Date: 14-11-2019
Business: Adv. Pallavi Gandhi for plaintiff present.
Adv. R. Gonsalvis for defendant present.
Matter adjourned for Re-argument on N/M to 19.12.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. for Plaintiff absent.
Adv. R. Gaonsalvis for defendant present.
He requested for time. Granted.
Matter adjourned for N/M Hearing to 20/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020
Date: 19-12-2019
Business: Adv. for Plaintiff absent.
Adv. R. Gaonsalvis for defendant present.
He requested for time. Granted.
Matter adjourned for N/M Hearing to 20/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020
Date: 19-12-2019
Business: Adv. for Plaintiff absent.
Adv. R. Gaonsalvis for defendant present.
He requested for time. Granted.
Matter adjourned for N/M Hearing to 20/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020
Date: 19-12-2019
Business: Adv. for Plaintiff absent.
Adv. R. Gaonsalvis for defendant present.
He requested for time. Granted.
Matter adjourned for N/M Hearing to 20/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pallavi for plff. Present.
Adv. Gonsalvis for deft. Present.
FRSR pronounced and following order is passed.
ORDER
1. The Notice of Motion no.313 of 2019 is allowed subject to cost of Rs.1,500/-. The cost shall be payable by the defendants No.1 to 5 the plaintiff on or before next date.
2. The defendants No.1 to 5 is granted permission to put his appearance and Vakalatnama in the interest of justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 313 of 2019 is disposed off.
Matter is adjd to 17.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 25.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 20.03.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 15.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 30.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 13.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Rakhi Tawde for plaintiff present.
Plaintiff no.2 present.
Deft. nos.1 to 5 have not deposited costs as per order dated 20.02.2020.
The matter is adjd for compliance/further orders to 03.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Plaintiff no.2 present.
K.B.
L.O. at 04.35 pm.
Adv. Sanika Patre for plaintiff present.
Deft. nos.1 to 5 failed to comply order dated 20.02.2020 inspite of sufficient opportunities and time. Therefore, suit to proceed further without appearance of deft. nos.1 to 5.
The matter is adjd for ex-parte evidence to 07.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: P.O. is on leave. Hence, Matter Adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Plaintiff no.2 present.
Adv. Chitra Burhale for plaintiffs present.
Exh.4 - Adv. For plaintiffs filed evidence closing pursis. T.O.R.
The matter is adjd for arguments to 25.11.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Rajeev Matkar for plaintiff present.
Plaintiff no.2 present.
Exh.5 - Adv. For plaintiff filed pursis restricting his claim for prayer clause (a) and (b). T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 02.12.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Plaintiff no.2 present.
Adv. Rakhi Tawde for plaintiff present.
Exh.6 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is partly decreed with costs.
2. Defendant Nos.1 to 5 shall pay an amount of Rs.25,56,250/- (Rupees Twenty Five Lacs, Fifty Six Thousand, Two Hundred and Fifty only) alongwith interest @ 18percent p.a. on the principal amount of Rs. 25 lacs from the date of filing of suit till it\'s realization to plaintiffs within two months.
3. Defendant Nos.1 to 5 shall further pay an amount of Rs.8,47,293/- (Rupees Eight Lacs, Forty Seven Thousand, Two Hundred and Ninety Three only) alongwith interest @ 7.5percent p.a. on the principal amount of Rs. 8,39,403/-from the date of filing of suit till it\'s realization to plaintiffs within two months.
4. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
5. Decree thus follow.
Disposal Date: 02-12-2021
Date: 18-07-2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: By preceipe. O. - Be taken on today\''s board.
Adv. Eventa Gonsalves for deft. nos.1 to 5 present.
Adv. For deft. nos.1 to 5 submits that deft. nos.1 to 5 have paid costs by cheque to plaintiff. Adv. For deft. nos.1 to 5 have filed on record copy of the letter addressed to Adv. For plaintiff to show that deft. nos.1 to 5 have paid costs of Rs.20,000/- to plaintiffs.
Deft. nos.1 to 5 have complied order dated 29.06.2022 passed in N/M No.1412/2022. Therefore, Commercial Suit No.378/2021 be restored to its original number.
The matter is adjd for filing appearance to 19.07.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: None for plaintiff.
Adv. Gonsalves for deft. nos.1 to 5 present.
Exh.7 - Adv. For deft. nos.1 to 5 tendered vakalatnama. T.O.R.
The matter is adjd for appearance of plaintiff to 02.08.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: None for plaintiff.
Adv. Gonsalves for deft. nos.1 to 5 present. He submits that defendants have given intimation of their appearance to plaintiff\''s advocate.
The matter is adjd for applying summons for judgment to 25.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: By preceipe. O. - Be taken on today\''s board.
Adv. Prajakta Angre for plaintiffs present.
Adv. For plaintiffs tendered draft S/J. Leave to register and serve S/J is granted.
The matter is already adjd to 25.08.2022 now for service of S/J.
Next Purpose: SERVICE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Prajakta Angre for plaintiff present.
Adv. For plaintiff tendered registered S/J No.233/22. T.O.R.
Adv. For plaintiff also tendered service affidavit regarding service of S/J. T.O.R.
K.B.
L.O. at 03.00 pm.
Adv. Rebello for deft. nos.1 to 5 present.
Adv. For deft. nos.1 to 5 tendered reply to S/J. T.O.R.
The matter is adjd for hearing on S/J to 08.09.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Ankita Manjrekar for plaintiff present.
Adv. Gonsalves for deft. nos.1 to 5 present.
Both of them sought adjournment for hearing on S/J. Adjournment as prayed for is granted.
The matter is adjd for hearing on S/J to 20.09.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: The Court is Vacant.
Hence Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: As court is vacant. Hence, matter is adjd. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Matter received from C.R. No. 14.
Plaintiff no. 2 is present.
Adv. Purva Pnedurkar h/f Adv. Rajeev Matkar for plaintiff is present. seeks time for S.J hearing. O-Time granted as prayed for.
Adv. Ribelo for def.nos. 1 to 5 is present.
Matter is adj for S.J. hearing to 26/10/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Purva Pedurkar h/f Adv. Rajeev Matkar for plaintiff is present.
Adv. R.L. Gonsalvees for def.nos. 1 to 5 is present and filed adjournment application for S.J hearing. TOR marked as Exh. --
None present for def. nos. 6 to 8.
L.O at 02.00 p.m.
Adv. Purva Pedurkar h/f Adv. Rajeev Matkar for plaintiff is present.
Adv. R.L. Gonsalvees for def.nos. 1 to 5 is present and filed adjournment application for S.J. hearing. TOR marked as Exh. 8. O- other side to say. Say filed by other side on the application itself. Heard both sides on Exh. 8.
Order Below Exh. 8.
For the reasons stated in the application, an adjournment is hereby granted to the defs. Exh. 8 is hereby allowed and disposed off accordingly.
Matter is adj for S.J. hearing to 11/12/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Adv. Purva Pendurkar h/f adv. Matkar for plaintiff is present.
Adv. Gonsalvees for def.nos. 1 to 5 is present and filed adjournment application for hearing on S.J. Taken on record. Marked as Exh.9. O-Other side to say. O- Say filed by other side.
Later on at 03.50 p.m.
Adv. E.A. Gonsalvees for def nos 1 to 5 is present.
Adv. Purva Pendurkar h/f adv. Matkar for plaintiff is present.
Order below Exh. 9.
Heard both the sides. For reasons stated in the application, and adjournment is hereby granted as last chance till 15.12.2023.
Matter is adj. for S.J. hearing to 15/12/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Adv. Purva Pendurkar h/f Adv. Rajeev Matkar for plaintiff is present.
Adv. Trinity Revello i/b Adv. Eventa Gonsalvees for def. is present.
Matter is adj. for S.J. hearing to 16/01/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Adv Purva Pendulkar h/f Adv Rajiv Matkar for plaintiff present.
Adv Rebello h/f Adv Gonsalves for defendant no. 1 to 5 present.
On oral request of the Ld. Adv for plaintiff, matter stands Adj for SJ Hearing on 22/02/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Adv Purva Pendurkar h/f Adv Rajeev Matkar for plaintiff present.
Adv Rebelo h/f Adv Gonsalves for defendants no. 1 to 5 present.
On oral request of the Ld. Adv for defendants last chance is granted for SJ hearing.
Matter stands Adj for SJ Hearing on 07/03/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv Chinmai Parvate h/f Adv Rajeev Matkar for plaintiff present.
Adv Rebello h/f Adv Gonsalves for defendants no. 1 to 5 present.
The Ld. Adv for defendants has filed an application for adjournment. t.o.r. marked as Exh. 09. O- Seen.
It is submitted that the Ld. Adv for defendants who is looking after the matter has fell down and sustained injuries to her forehead, therefore, unable to come and argue the matter. Considering the submission last chance granted to argue the matter as the matter is of 2021.
Matter stands Adj for SJ Hearing on 28/03/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: P. O. is on Leave in First Session
Adv Chinmayi Parvate for plaintiff present.
Adv Tainity Rebello for defendant no. 1 to 5 present.
Matter stands Adj for SJ Hearing on 25/04/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: P. O. is on Training.
Adv Chinmai Parvate for plaintiff present.
Adv R. L. Gonsalves for defendants present.
With consent of both parties, matter stands Adj for SJ Hearing on 04/07/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Plaintiff present.
Adv Rajeev Matkar for plaintiff present.
Adv E. A. Gonsalves for defendants present.
Matter stands Adj for SJ Hearing on 22/08/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv Rajeev Matkar for plaintiff present.
Adv Trinity Rebello for defendant no. 1 to 5 present.
On oral request of defendants as a last chance, matter stands Adj for SJ Hearing on 26/09/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Plaintiff no. 2 present.
Adv Rajeev Matkar for plaintiffs present.
Adv Trinity Rebello for defendants present.
It appears that the matter has been adjourned a number of times for one reason of the other. Hence, defendant is directed to positively remain present and argue the SJ on next date, failing which appropriate order will be passed.
Matter stands Adj for SJ Hearing on 17/10/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: Adv Rajeev Matkar for plaintiff present.
Adv Gonsalves for defendant present.
She seeks time to argue on SJ. However on last occession last chance was granted. She submits that she wants to produce some documents which are before the Honble High Court in another suit between the parties. Adv for plaintiff submits that the plaint of said suit is already annexed to the reply. However in the interest of justice and purely as a last chance, matter stands Adj for SJ Hearing on 14/11/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: P. O. IS ON LEAVE. ( C. R. NO.14)
Adv. Raju Matkar for plaintiff present.
Plaintiff No.2 person.
Adv. Rabello for defendant present.
Matter stands Adj for S. J. Hearing on 11.12.2024 at 2.45 p.m.
Sheristedar
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: P. O. is on Leave.
Plaintiff no. 2 present.
Adv Trinity Rebello for defendant no. 1 to 5 present.
With Consent, matter stands Adj for SJ Hearing on 09/01/2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Plaintiff present.
Adv Rajeev Matkar for plaintiff present.
Adv Trinity Rebello for defendant no. 1 to 5 present.
It appears from roznama that on 22/02/2024 last chance was granted to argue the SJ by my Ld. Predecessor thereafter on the next date 07/03/2024 the reason for adjournment was given that Adv for defendants fell down and received injuries to her head. Thereafter last chance also granted till 28/03/2024. Again on 26/09/2024 it was observed about number of adjournments taken by defendants for one reason or the other. Again on 17/10/2024 it was got adjourned and last chance was granted for SJ hearing. It needs to be pointed out the original suit is of the year 2018 and it is Commercial Summary Suit. Hence, such indulgence cannot be granted further. Today, the Adv appearing before the Court submits that the arguing Adv is busy in time bound matter before Court No. 19 of Small Causes Court. Hence, considering the number of adjournments the matter be put for SJ hearing / appropriate orders. Adv for defendants sought 13/01/2025 as it is convenient at 2.45 pm as a last chance.
Matter stands Adj for SJ hearing on 13/01/2025 at 2.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Adv Rajeev Matkar for plaintiff present.
Adv Gonsalves for defendant no. 1 to 5 present.
Heard both sides on SJ 233/2022.
Matter stands Adj for SJ Order on 04/02/2025.
Next Purpose: ORDER
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Adv. Vaishnavi Pawar h/f Adv. Rajeev Matkar for plaintiff present.
Representative of the defendant No.1 to 5 present.
F. R. S. R. following order is passed in S/J No.233/2022 -
Order
1) The defendants jointly and severally shall deposit an amount of Rs.40 Lakhs in Court within a period of two month from the date of order. If this condition is complied with, defendants are granted leave to defend the suit and they shall file written statement within one month from the date of depositing the amount of Rs.40 Lakhs.
2) After the expiry of the appeal period, the plaintiffs are permitted to withdraw the amount of Rs.40 Lakhs, as and when deposited by the defendant Nos.1 to 5 jointly and severally in the Court, subject to the undertaking, that they will refund the said amount to the defendant Nos.1 to 5 in case the suit is dismissed or the judgment is set aside by the superior courts and shall abide by any directions as may be given to the plaintiffs in future by this court or by the Appellate Courts.
3) If the aforesaid condition of the deposit is not followed by the defendants within time, then the plaintiff is entitled for decree upon producing Non-Depositor Certificate.
4) There shall be no order as to costs.
5) Summons for Judgment No.233 of 2022 in Commercial Summary Suit No.378 of 2021 stands disposed off.
Matter stands Adj for compliance on 04-04-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Matter pertains to Court No. 14.
Adv. Urmi Jadeja for plaintiff present.
Adv. R. L. Gonsalves for defendant present.
Adv. for plaintiff filed affidavit t.o.r. marked as Exh.10. O- Seen.
Adv. for defendant no. 1 to 5 filed application t.o.r. as marked Exh.11
Matter stands Adj for Say on Exh.11 on 09/04/2025
Next Purpose: REPLY
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Adv Vaishnavi Pawar for plaintiff present.
Adv R. L. Gonsalves for defendant no. 1 to 5 present.
He filed an application. t.o.r. marked as Exh. 12. O- Seen.
It is submitted that he want to place on record order dated 08/04/2025 passed by the Honble High Court in WP No. 4325/2025.
It is also submitted that application for extension of time to make deposit filed at Exh. 11 has become infructous in view of setting aside of order of this Court dated 04/02/2025 in SJ 233/2023. Hence, said application is filed and disposed off.
Needless to say the non depositor certificate cannot be taken into consideration in view of the above development.
Matter stands Adj for Written Statement on 08/05/2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Plaintiff no. 2 present.
Adv Pragati Khaire for defendant no. 1 to 5 present.
She filed written statement. t.o.r. marked as Exh. 13.
O- Seen. Copy supplied to plaintiff no. 2 and copy kept on record for defendant no. 6 and 7.
Matter stands Adj for Draft Issues on 12/06/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Plaintiff no. 2 present.
Adv Vaishnavi Pawar for plaintiff present.
Adv Pragati Khaire for defendants present.
Adv for plaintiff filed draft issues. t.o.r. O- Seen. Copy supplied to defendants.
Matter stands Adj for Draft Issues by defendants on 24/06/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: NOB TOB
Letter received from Honble High Court vide D. D. (W.P) No. C1113323/2025 dated 05/07/2025 along with copy of Order in Writ Petition 4325 of 2025.
Coram N. J. Jamadar, J. Dated 08/04/2025
Order
(v) The trial in Commercial Suit 378 of 2021 stands expedited.
(vi) Learned Judge, City Civil Court is requested to make an endeavour to hear and decide the said suit as expeditiously as possible and preferably within a period of one year from the date stipulated for filing the written statement of the defendants.
Matter already Adj on 24/07/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Adv Aishwarya Sawant for plaintiff present.
None present for defendant.
Adv for plaintiff filed draft issues. t.o.r. O- Seen. Copy be served to defendant.
Matter stands Adj for Draft Issues by defendant as a last chance on 28/07/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: None present for plaintiff.
Adv Amit Mehta for defendant no. 1 to 5 present.
He filed VP. t.o.r. marked as Exh. 14. O- Seen.
He also filed draft issues. t.o.r. O- Seen. Copy for plaintiffs kept on record.
KB
LO at 12.18 pm
Plaintiff no. 2 present.
Adv Sandhya Thorat for plaintiffs present.
Issues framed and marked as Exh. 15.
Order on Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed -
1. Parties to submit list of witnesses by next date.
2. After submitting list of witnesses, parties, within next 30 days, to file evidence-affidavits of all witnesses.
3. Thereafter, within next 60 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4. Thereafter, within next 60 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
5. Thereafter, parties shall conclude their arguments within 30 days.
6. All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
As the matter is expedited by Honble High Court, parties to strictly adhere to the case management program thereafter suit will be kept twice a week.
Matter stands Adj for filing list of witnesses, inspection of documents, statement of admission and Denial on 28/08/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: Adv Sandhya Thorat for plaintiff present.
Adv Shilpa Shetty for defendant no. 1 to 5 present.
Adv for plaintiff filed list of witnesses. t.o.r. marked as Exh. 16. O- Seen.
She also filed an application for inspection of documents of defendants. t.o.r. marked as Exh. 17. O- Seen. Defendants are directed to give inspection of documents before next date.
Matter stands Adj for filing list of witnesses by defendants / Admission and Denial on 08/09/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Business: None present for plaintiff.
Adv Amit Mehta for defendant no. 1 to 3 present.
It it submitted that in the previous roznama the appearance of Mr. Amit Mehta shown for all defendants, however he represents only for defendant no. 1 to 3. hence, roznama is rectified to that effect. It is further submitted that in the list of documents filed by plaintiff along with the plaint apparently there are only 10 documents though 12 documents are mentioned. Henc,e plaintiff to make submission regrading the same.
KB
LO at 12.19 pm
Adv S. V. Thorat for plaintiff present.
Adv Shilpa Shetty of defendant no. 1 to 3.
PW 01 Mubin Abbas Hetavkar present.
Adv for plaintiff filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 18. O- Seen.
She also filed list of documents. t.o.r. marked as Exh. 19.
O- Seen. Copy supplied to Adv for defendant no. 1 to 3.
Matter stands Adj for Admission and Denial / list of witnesses and filing evidence of defendant on 11/09/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Plaintiff no. 2 present.
Adv Sandhya Thorat for plaintiff present.
None present for defendant.
KB
LO at 12.45 pm
Same appearance for plaintiff.
Adv Amit Mehta for defendant no. 1 to 3 present.
He filed list of witnesses. t.o.r. marked as Exh. 20. O- Seen. Copy supplied to plaintiff.
He also filed statement of admission and denial. t.o.r. marked as Exh. 21. O- Seen. Copy supplied to plaintiff.
Matter stands Adj for Hearing (Exh. 20) on 18/09/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: Adv Rajeev Matkar for plaintiff present.
Adv Shilpa Shetty for defendant no. 1 to 3 present.
On oral request of Adv for defendant, matter stands Adj for Hearing (Exh. 21) on 24/09/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Adv Mayuri Mangeshkar for plaintiff present.
Adv Shilpa Shetty for defendant no. 1 to 5 present.
She submits that they are representing defendant no. 1 to 5 and roznama be rectified to that effect.
Adv for plaintiff filed written submissions on marking of documents. t.o.r. marked as Exh. 21A. O- Seen. Copy supplied to defendant no. 1 to 5.
Matter stands Adj for marking of documents on 01/10/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: P. O. is on Leave.
Plaintiff no. 2 present.
Adv Sandhya Thorat for plaintiffs present.
Adv Shilpa Shetty for defendant no. 1 to 5 present.
Matter stands Adj for Admission and Denial on 08/10/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: Plaintiff no. 2 present.
None present for plaintiff.
Adv Shilpa Shetty for defendant no. 1 to 5 present.
KB
LO at 11.47 am
Adv Sandhya Thorat for plaintiff present.
Same appearance for defendant no. 1 to 5.
Adv for defendants filed written notes of arguments on admissibility of documents. t.o.r. O- Seen. Copy supplied to plaintiff.
Matter stands Adj for marking of documents plaintiff on 17/10/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv Rajeev Matkar for plaintiff present.
Adv Shilpa Shetty for defendant no. 1 to 5 present.
PW 01 absent.
Matter stands Adj for marking of documents of plaintiff on 31/10/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 31-10-2025
Date: 31-10-2025
Business: None present for plaintiff.
Adv Shilpa Shetty for defendant Nos.1 to 5 present.
Hence, matter stands Adj for Marking of documents on 06/11/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: None present for plaintiff and defendants.
Matter stands Adj for marking of documents of plaintiff on 14/11/2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: Plaintiff no . 2 present.
Matter stands Adj for marking documents on 18.11.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Plaintiff present.
Adv Aishwarya Sawant for plaintiff present.
Matter stands Adj for marking of documents of plaintiff on 24.11.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: Matter pertains to C. R. No.14.
Plaintiff present
Matter stands Adj for marking of documents on 29.11.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: Matter pertains to C. R. No.14.
Plaintiff present.
Adv Aishwarya Sawant for Plaintiff present.
Matter stands Adj for Marking of Documents on 02.12.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: Matter pertains to C. R. No.14.
Plaintiff present.
None present for defendant.
Matter stands Adj for Marking of Documents on 08.12.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 08-12-2025
Date: 08-12-2025
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Plaintiff present.
Matter stands Adj for marking of documents on 12.12.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Plaintiff present through VC.
Adv Jyoti Mishra for plaintiff present through VC.
Matter stands Adj for Marking documents on 17.12.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
None present.
Matter stands Adj for marking of documents on 23.12.2025.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Plaintiff present through VC.
Matter stands Adj for marking of documents on 05.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Adv Mrunalini Dalvi for Plaintiff present through VC.
Matter stands Adj for marking of documents on 09.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-01-2026
Date: 09-01-2026
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Adv Jyoti Mishra for Plaintiff present.
Matter stands Adj for marking of documents on 15.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Matter stands Adj for marking of documents on 22.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: Matter pertains to C. R. No.14.
High court Expedited matter.
Matter stands Adj for marking of documents on 29.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Matter pertains to C. R. No.14.
NOB TOB
Transfer application no.06/2026 received from CR No.19 today. As per direction passed in Roznama dated 19.01.2026.
Sherestedar CR.14 to transfer the Com Suit 378/2021 to CR 32 forthwith.
Parties take to note and to appeared before CR No.32 on next date.
Matter already Adj for marking of documents on 29.01.2026.
I/c Judge
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Coram H.H.J. SHRI. S. S. PATIL JUDGE, (C.R.No 32)
Honble High Court expedite matter.
None present.
KB.. Later on at 05.10 p.m.
None present when called.
Direction is given to transfer the suit on CIS.
Matter is adj. for hearing on marking of documents to 07.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: Honble High Court expedite matter.
Parties are absent.
Adv. Mrunali Dalvi h/f Adv. Rajeev Matkar present for plaintiff. She is unable to state nature of suit and cause of action. Hence, she is directed to ask the senior advocate on record ans ascribe the court about the fact.
Adv. Amit Mehta a/w adv. Shilpa Shetty present for defendant nos. 1 to 5 and submitted that plaintiff has filed the additional documents without seeking leave vide Exh. 19. Those document were filed a/w plaint as Commercial Courts act plaintiff can not file additional documents without seeking leave.
Later on at 01.40 p.m.
Adv. Rajeev Matkar is present through V.C. for plaintiff and orally seeking time for arguments on admissibility of denouements produced at Exh. 19. O- Time is granted subject costs of Rs.3000/- to be paid to the DLSA.
Adv. Shilpa Shetty present for defendant
Matter is adj. for arguments to 16.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: None present.
Later on at 03.00 p.m.
Parties are absent.
Adv. Rajiv Matkar through V.C. a/w Adv. Dalvi (in court hall) present for plaintiff and filed compliance pursis through their junior TOR. Marked as Exh. 22.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos.1 to 5.
Plaintiff has produced documents at Exh. 19 those documents were not produced a/w the plaint. As per order 11, rule 5 the plaintiff shall not be allowed to rely on documents which were in the plaintiffs power, possession control not disclosed a/w plaint, save and except by leave of Court and such leave shall be granted upon the plaintiffs establishing the reasonable cause for non-disclosure a/w plaint. The plaintiff has not sought the leave specifically in respect of these documents with justify reasons and grounds. Therefore, plaintiff shall file the Notice of Motion seeking leave with by mentioning specific ground and reason.
Matter is adj. for fling NM by plaintiff to 21.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: Plaintiff is present.
Adv. Mayuri Mangeshkar h/f Adv. Rajeev Matkar present for plaintiff and tendered draft NM along with affidavit in support. O.-Leave granted to register it. Copy is served to the other side by email.
None present for defendant.
Matter is adj. for NM returnable to 26.02.2026.
Later on at 11.35 p.m.
Adv. Shilpa Shetty h/f adv. Amit Mehta for defendant nos. 1 to 5 and submitted that copy of NM is not served on them. It has been served by plaintiff on earlier advocate. Plaintiff is directed to serve the NM on advocate on record of defendant nos. 1 to 5.
Matter is adj. for NM returnable to 26.02.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: Plaintiff no. 2 is present.
Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for plaintiff and tendered registered NM No. 1149/2026.
Adv.Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5 and filed reply to NM No. 1149/2026.
In vie of order of Honble High Court expediting the hearing of the suit by making it time bound revised CMH order is passed.
Case Management Hearing/Schedule
Business
On or Before
Affidavit of evidence
Plaintiff and defendant shall file affidavits of evidence of all witnesses on next date with list of all witnesses.
Court commissioner for Cross Examination
Cross-examination of witnesses to be conducted through court commissioner. Plaintiff and defendant are directed to suggest the name of any advocate having typing skill till next date.
Cross- examination of plaintiffs witness.
Cross examination of plaintiff’s witnesses to be completed till end of 31.03.2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of 30.04.2026.
Arguments
Parties shall file the written arguments with brief oral submission till 08.05.2026.
It is clarified that no adjournment shall be granted except for cogent reasons and on payment of costs, strictly in accordance with Order XV-A CPC.
Cross examination of witnesses once began shall be conducted day to day.
Parties shall strictly adhere to the above timeline. Any breach shall invite appropriate consequences as per law.
Matter is adj. for NM hearing to 04.03.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Parties are absent.
Adv. present for plaintiff.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5.
Later on at 12.50 p.m.
Adv. Rajiv Mathkar is present for plaintiff and filed list of judgments. TOR. Marked as Exh.23.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5.
Heard both sides on NM.
Following order is passed in NM No. 1149/2026
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.1149 of 2026 is hereby allowed subject to costs of Rs.5000/- (Rupees Five Thousand Only) to be deposited in Court.
2. Notice of Motion No.1149 of 2026 is disposed of accordingly.
Revised Case Management Hearing/ Schedule.
Business
On or Before
Affidavit of evidence
Plaintiff and defendant shall file affidavits of evidence of all witnesses on next date with list of all witnesses.
Court commissioner for Cross Examination
Cross-examination of witnesses to be conducted through court commissioner. Plaintiff and defendant are directed to suggest the name of any advocate having typing skill till next date.
Cross- examination of plaintiffs witness.
Cross examination of plaintiff’s witnesses to be completed till end of March, 2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of April, 2026.
Arguments
Parties shall file the written arguments with brief oral submission till 08.05 2026.
It is clarified that no adjournment shall be granted except for cogent reasons and on payment of costs, strictly in accordance with Order XV-A CPC.
Cross examination of witnesses once began shall be conducted day to day.
Parties shall strictly adhere to the above timeline. Any breach shall invite appropriate consequences as per law.
Matter is adj. for recording evidence to 11.03.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: Parties are absent.
Adv. Jyoti Mishra h/f adv. Rajeev Mathkar present for plaintiff no. 2 and filed compliance pursis TOR. Marked as Exh. 24
Exh.25- Evidence affidavit filed by ld. Adv of plaintiff . TOR.
Exh.26- List of documents filed by ld. Adv of plaintiff. TOR.
Witness is present.
Exh. 27- Pursis filed by ld. Adv of plaintiff.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant no. 1.
Order of Appointment of Court Commissioner.
1. Adv. Mamta S. Panigrahi (Mo. No. 9821136815) is hereby appointed as Court Commissioner for recording the further cross-examination of the plaintiff (PW-1).
2. Court Commissioner shall record evidence in plaintiffs advocate chamber at the address mentioned at pursis at Exh. 27.
3. Judicial file shall not be sent or summoned for the purpose of recording of evidence by the Court Commissioner. The parties shall use copies of evidence and documents already supplied by each other for cross-examination. If a party has filed original documents alongwith pleadings/evidence in Court and if they are required, the same can be returned to respective party as per rules for the purpose of recording of evidence before the Court Commissioner. Such original documents be returned to the court by the respective party on recording cross examination.
4. The cross examination once started, it shall preferably concluded on the same day or continue on day-to-day basis. Court Commissioner shall conclude the recording of evidence, as early as possible, but not later than eight weeks of assignment of a case. The deposition of entire cross examination shall be returned to the court on or before returnable date.
5. Plaintiff shall pay provisional costs of Rs. 5000/- per witness to the court commissioner, which can be increased if many sittings/time is spent for recording lengthy cross examination.
6. If the cross examination could not be completed within the period fixed by the court, due to adjournment request or time sought by the other side/defendant, then the costs of Court commissioner shall be borne by such party/other side.
7. Entire Cross-examination shall be conducted strictly in question and answer form. The evidence shall be typed on a compute in english. If possible the video recording of the cross examination can also be done. Should that be done, the original audio visual recording will be submitted along with the commissioners report to the registry.
8. All the objections raised during cross-examination/re-examination shall be recorded in the deposition under title objections and shall be left open for the decision of the Court at the stage of final arguments. Witness shall not refuse to answer the question asked, unless it is on the ground of privilege communication.
9. Court Commissioner shall maintain a miscellaneous proceeding sheet for each day of work and shall submit it in the Court at the time of submission of final report.
10. The commissioner is at liberty to exercise discretion order XVII rule 4(4) of the Code of Civil Procedure, 198, to note the demeanor of the witness where necessary.
Matter is adj. for recording evidence to 17.03.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 17-03-2026
Date: 17-03-2026
Business: Plaintiff is absent.
Defendant No. 04 Mr. Munaf K. Vadgama is present.
Oath is given to the defendant No. 04.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Amit Mehta a/w Adv. Shilpa Shetty present for defendant No. 01 to 05 and tendered affidavit of evidence. TOR and marked as Exh.28.
Exh.29. Advocate for defendant filed admission and denial. TOR.
Exh.30. Advocate for defendant filed certificate 65B. TOR. Exh.31. Advocate for defendant also filed Pursis. TOR.
Copy is served to the other side.
Kept back.
L.O at 13.10pm.
Plaintiff Mr. Mubin Abbash Hetavkar is present.
Oath is given to the PW-01.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiff.
Documents produced by plaintiff vide Exh.26,documents at Sr. 01 and 02 are certified copies of IA that is court record which are marked as Exh.P1 and P2 are as follows:-
Exh. P1 – Certified true copy of IA No. (L) 10876 of 2023.
Exh. P2 - Certified true copy of IA No. (L) 29317 of 2024.
Documents at Sr. No. 04 to 14 are the office copies of letters. They have not proved by identifying signature of the authors, as per 67 of Evidence Act. They are denied by the defendant. Therefore, they cannot be marked as exhibits.
Letter dtd. 19.02.2012 is proved an affidavit of reply at Exh.25, hence it is marked as Exh.P3.
Plaintiff is seeking the date.
Kept back.
L. O. 15.26pm.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiff.
Advocate Shilpa Shetty for defendant No. 01 to 05 filed compliation of documents. TOR and marked as Exh.32.
Plaintiff has seeking date for exhibition of documents. O-Time granted subject to cost of Rs.5,000/- to be paid to the DLSA.
Matter is adj. for Marking of documents to 26.03.2026
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: Parties are absent.Adv. Rajeev Matkar present for plaintiff and filed compliance pursis. TOR. Marked as Exh.33. Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5. Documents filed by the plaintiff vide Exh. 19. Documents produced by plaintiff vide Exh. 3 at sr nos. 1 to 7 have proved in the affidavit of evidence. Hence, they are marked as Exh. P4 to P10.Document at sr no. 8 is not proved it is marked as article A.Document at sr no. 9 to 12 have been proved in the affidavit of evidence. They are marked as Exh. P11 to P14. Documents produced vide list of Exh. 19 have been proved in affidavit of evidence hence, documents at sr nos. 1 to 23 are marked as Exh. P15 to P37.
Documents produced vide Exh. 26, sr nos. 1, 2 and 3 have already been marked. Other documents have not been proved by identifying the signature as per sec. 67 of Evidence Act. They are denied by other side. So that can not be marked they are marked as Article B to M.Exh. 34 - Application for seeking permission to produced and replaced certified copies instead of photo copies filed by ld. Adv of defendant nos. 1 to 5.Say filed by ld. Adv of plaintiff on Exh. 34. Marked as Exh. Exh. 34A.On perusal of the list of documents alongwith the application it is evident that most of the documents are such that they or their copies were not produced alongwith the written statement. So these are additional documents which were not annexed with the written statement. Therefore the defendant has to seek a leave by granting opportunity to other side for raising the objection. Defendant also wants to file additional affidavit of evidence for which leave of the court with opportunity to other side. Hence, defendant is directed to file a NM to that effect. Simple application is not tenable.
Matter is adj. for R.E to 06.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Matter is expedite.
Plaintiff is present.
Adv. Jyoti Mishra present for plaintiff.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5 and tendered draft NM along with affidavit in support. O.-Leave granted to register it. Copy be served to the other side.
Matter is adj. for NM returnable to 13.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: Plaintiff is present.
Adv. Jyoti Mishra present for plaintiff
Defendant no. 4 is present.
Adv. present for defendant nos. 1 to 5.
KB.. Later on at 01.10 p.m.
Plaintiff is present.
Adv. Rajeev Mathkar is present for plaintiff through V.C. and Adv. Jyoti Mishra is present in court hall and filed reply to NM No. 1988/2026.
Defendant no. 4 is present.
Adv. Amit Mehta a/w adv. Shilpa Shetty present for defendant nos. 1 to 5 and tendered registered NM No. 1988/2026.
Heard both sides on NM.
Matter is adj. for NM hearing to 24.04.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: Plaintiff is present.
Adv. Rajeev Matkar a/w Adv. Jyoti Mishra present through V.C. for plaintiff and filed list of documents. TOR. Marked as Exh. 35.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant.
Following order is passed in NM No. 1988/2026
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.1988 of 2026 is hereby allowed subject to costs of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited in Court.
2. Notice of Motion No.1988 of 2026 is disposed of accordingly.
Matter is adj. for compliance to 06.05.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 06-05-2026
Date: 06-05-2026
Business: Expedited by Honble High Court.
Plaintiff is present.
Adv. Rajeev Matkar present through V.C. and Adv. Jyoti Mishra present in court hall for plaintiff.
Adv. Shilpa Shetty h/f Adv. Amit Mehta present for defendant nos. 1 to 5 and filed cost compliance pursis. TOR. She also filed additional affidavit of evidence and compilation of documents. TOR. Marked as Exh.36 and 37 respectively. Copy be served to the other side.
Matter is adj. to 09.06.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: Parties are absent.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta for defendant present for defendant.
Matter is adj. for marking of documents to 24.06.2026.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-06-2026
Date: 24-06-2026
Business: Court is on leave hence adj. to
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 03-07-2026
Date: 03-07-2026
Business: Parties are absent.
Adv. Jyoti Mishra h/f adv. Rajeev Matkar present for plaintiff.
None present for defendant.
Later on at 01.05 p.m.
Adv. Jyoti Mishra h/f adv. Rajeev Matkar present for plaintiff and filed say on defendants documents. Marked as Exh. 38
Adv. Shilpa Shetty present for defendant nos. 1 and 2.
Heard both parties.
Advocate for plaintiff denied all the documents filed by defendant nos. 1 to 5.
Exh.39 List of documents filed by ld. Adv of defendant.
Following documents are exhibited.
Documents at Sr. No. 1 is Xerox copy which is not admissible in evidence hence, it is not exhibited.
The document at sr. no. 2 is email sent by plaintiff no. 2 to defendant on 12 January 2011 a/w the attachment as proved in the affidavit of evidence. Hence, It is marked as Exh. 39.
The document at sr. no. 3 is email sent by plaintiff no.2 to defendant on 12.01.2011 a/w the attachment as proved in affidavit of evidence. Hence it is marked as Exh. 40.
The document at sr. no.4 is Original report as per the city Survey plan and the area of the said property as per actual site survey conducted by M.B.Andurlekar and associates (Land surveyors and Civil Engineers) dt.20.02.2023 as proved in the affidavit of evidence. Hence, it is marked as Exh. 41.
The document at sr. no. 5 is xerox copy of the certified copy of deed dt. 02.08.1956 which is not admissible in evidence hence, it is not exhibited.
The document at sr. no. 6 is xerox copy of the certified copy of deed dt. 03.12.1956 which is not admissible in evidence. Hence, it is not exhibited.
The document at sr. no. 7 is xerox copy of deed of assignment dt. 14.06.1965 which is not admissible in evidence. Hence, it is not exhibited.
The document at sr. no. 8 is xerox copy of the deed of assignment dt. 14.03.1968 which is not admissible in evidence. Hence, it is not exhibited.
The document at sr. no.9 is xerox copy of of the deed of assignment dt. 16.11.1991 which is not admissible in evidence. Hence, it is not exhibited.
The document at sr. no.10 of Original acknowledgment copy of the letter dt. 24 August 2023 addressed by defendant to Byculla police station as proved in the affidavit of evidence. TOR. Hence, it is Marked as Exh.41.
The document at sr. no. 5 of additional compilation of document is original certified copy of deed of dt. 02.08.1956 proved in affidavit of evidence. Hence, it is marked as Exh. 42.
The document at sr. no. 6 of additional compilation of document is original certified copy of the deed dt. 03.12.1963 is proved in affidavit of evidence hence, it is marked as Exh. 43.
The document at sr. no. 7 of additional compilation of documents is original certified copy of the deed of Assignment dt. 14.06.1965 is proved in affidavit of evidence hence, it is marked as Exh. 44.
The document at sr. no. 8 of additional compilation of document is original certified copy of the deed of Assignment dt. 16.11.1991 is proved in affidavit of evidence. Hence, it is marked as Exh. 45.
The document at sr. no. 9 of additional compilation of document is original certified copy of the deed of assignment dt. 16.11.1991 is proved in affidavit of evidence. Hence, it is marked as Exh. 46.
The document at sr. no. 10 of additional compilation of document is original acknowledged copy of the letter dt. 24.08.2023 addressed by me to Byculla police station is proved in affidavit of evidence. Hence, it is marked as Exh. 47.
The document at sr. no.11 of additional compilation of document is original certified copy of the city survey plan is proved in affidavit of evidence. Hence, it is marked as Exh. 48.
The document at sr. no.12 is original certified copies of property register cards is proved in affidavit of evidence. Hence it is marked as Exh. 49.
The document at sr. no. 1 of additional affidavit of evidence at Exh. 37 is copy of order dt. 24.04.2026 passed in NM No. 1988 of 2026 is proved in affidavit of evidence. Hence, it is marked as Exh. 50.
The document at sr. no.3 of additional affidavit of evidence at Exh. 37 is original receipts of Assessment Tax Payment receipts made by defendant no. 1 to 5. it is proved in affidavit of evidence. Hence, it is marked as Exh. 51.
The document at sr. no.4 of additional affidavit of evidence at Exh.37 is original acknowledged copy of the letter dt. 02.07.2012. There is endorsement of government officer. Hence it is marked as Exh. 52.
The document at sr. no. 5 of additional affidavit of evidence at Exh. 37 is original letter dt. 27.06.2013 is a letter of Collector office of Mumbai. Hence it is marked as Exh. 53.
The document at sr. no. 6 of additional affidavit of evidence at Exh. 37 is copy of Form B application filed by the defendant no. 1 to 5. Is proved in evidence. Hence, it is marked as Exh. 54.
The document at sr. no. 7 of additional affidavit of evidence at Exh 37 is original acknowledged copy of letter dt. 24.07.2013 is proved in evidence affidavit. Hence, it is marked as Exh. 55.
The document at sr. no. 8 of additional affidavit of evidence is original acknowledged copy of the letter 26 December 2014 is proved in affidavit of evidence hence, it is marked as Exh. 56.
Letter of extension of time for disposal of suit is sent to Honble High Court.
Matter is adj. for R/E to 09.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: NOB-TOB
Court taken suo-moto the matter on todays board as some discrepancy found in marking of exhibits to the documents. The defendant has filed to three lists of documents. first list is having some original documents and some zerox copies and in second list original documents are produced of which zerox copies are produced in first list. In third list also defendant has produced some original documents and some photocopies. In inadvertently admissibility of all the documents has been decided by the court. The zerox copies are not mark exhibits but original copies of those zerox copies are marked exhibits. Therefore, in order to avoid the complications and confusions the order of admissibility of documents is modified to avoid admissibility of single document twice.
Documents at Sr. No. 1 is Xerox copy which is not admissible in evidence hence, it is not exhibited.
Exh. D/1 - The document at sr. no. 2 is email sent by defendant to plaintiff no. 2 on 13.09.2011 a/w attachment of draft of development agreement as proved in the affidavit of evidence. Hence, it is exhibited.
Exh. D/2 - The document at sr. no. 3 is email sent by plaintiff no.2 to defendant on 12.01.2011 a/w the attachment as proved in affidavit of evidence. Hence it is exhibited.
Exh. D/3 colly - The document at sr. no.4 is Original report as per the city Survey plan and the area of the said property as per actual site survey conducted by M.B.Andurlekar and associates (Land surveyors and Civil Engineers) dt.20.02.2023 as proved in the affidavit of evidence. Hence, it is exhibited.
Exh.D/4 - The document at sr. no.10 is Original acknowledgment copy of the letter dt. 24 August 2023 addressed by defendant to Byculla police station as proved in the affidavit of evidence. Hence, it is exhibited.
Exh. D/5 - The document at sr. no. 5 of additional compilation of document is original certified copy of deed of dt. 02.08.1956 proved in affidavit of evidence. Hence, it is exhibited.
Exh. D/6 - The document at sr. no. 6 of additional compilation of document is original certified copy of the deed dt. 03.12.1963 is proved in affidavit of evidence hence, it is exhibited.
Exh. D/7 - The document at sr. no. 7 of additional compilation of documents is original certified copy of the deed of Assignment dt. 14.06.1965 is proved in affidavit of evidence. Hence, it is exhibited.
Exh. D/8 - The document at sr. no. 8 of additional compilation of document is certified copy of the deed of assignment dt. 14.03.1968 is proved in affidavit of evidence. Hence, it is exhibited.
Exh.D/9 -The document at sr. no.9 of additional compilation of document is certified copy of of the deed of assignment dt. 16.11.1991 is proved in affidavit of evidence. Hence, it is exhibited.
Exh.D/10 - The document at sr. no. 11 of additional compilation of document is original certified copy of of the city survey plan is proved in evidence. Hence, it is exhibited.
Exh. D/11- The document at sr. no.12 of additional compilation of document is original certified copies of property register cards is proved in evidence. Hence, it is exhibited.
Exh. D/12 - The document at sr. no. 1 of additional compilation of documents at Exh. 37 is copy of order dt. 24.04.2026 passed in NM No. 1988 of 2026 is proved in affidavit of evidence. Hence, it is exhibited.
Exh. D/13 - The document at sr. no.3 of additional affidavit of evidence at Exh. 37 is original receipts of Assessment Tax Payment receipts made by defendant no. 1 to 5. it is proved in affidavit of evidence. Hence, it is exhibited.
Exh. D/14 - The document at sr. no.4 of additional affidavit of evidence at Exh.37 is original acknowledged copy of the letter dt. 02.07.2012. There is endorsement of government officer. Hence it is exhibited.
Exh. D/15 -The document at sr. no. 5 of additional affidavit of evidence at Exh. 37 is original letter dt. 27.06.2013 is a letter of Collector office of Mumbai. Hence it is exhibited.
The document at sr. no. 6 of additional affidavit of evidence at Exh. 37 is copy of Form B application filed by the defendant no. 1 to 5. Which is not admissible hence, it is not exhibited.
Exh. D/16 - The document at sr. no. 7 of additional affidavit of evidence at Exh 37 is original acknowledged copy of letter dt. 24.07.2013 is proved in evidence affidavit. Hence, it is exhibited.
Exh. D/17 - The document at sr. no. 8 of additional affidavit of evidence is original acknowledged copy of the letter 26 December 2014 is proved in affidavit of evidence hence, it is exhibited.
Matter is adj. for R/E to 09.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-07-2026
Date: 09-07-2026
Business: Witness PW-1is present through V.C.
Adv. Rajeev Matkar through V.C. a/w Adv. Jyoti Mishra in court hall present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos. 1 to 5.
Advocate for defendant submitted before the court that she is ready to cross-examine the witness in the chamber of plaintiffs advocate on next Saturday i.e. 18.07.2026 at 11.00 a.m. on wards. Advocate for defendant further submitted that she is ready to go on with cross examination of every Saturday at the same place and same time.
Matter is adj. for R/E to 18.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: High court Time Bound.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present through V.C. for plaintiff.
Adv. Shilpa Shetty i/b Amit Mehta present for defendant no.1 to 5 and submitted that cross of plaintiff by the defendant is started before Commissioner.
Matter is adj. for R/E to 27.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: High Court Time Bound matter.
Parties are absent.
Adv. Pradeep Wagh present through V.C. for plaintiff
Adv. Vedant Rane present through V.C for defendant nos. 1 to 5.
Both are submitted that cross examination of PW-1 is going on and matter is kept on 01.08.2026 for further cross examination.
Matter is adj. for Cross examination of PW-1 to 06.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: This is High Court Time bond matter.
Parties are absent.
None present for plaintiff.
Adv. Shilpa Shetty present for defendant no. 1 to 5 through V.C. and submitted that cross of plffs witness is going on and further cross is scheduled on tomorrow. She further submitted that one more sitting is required for completing cross examination of plffs witness. Hence, matter is adj for filing commissioners report.
Matter is adj. for filing report of commissioner to 20.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-08-2026
Date: 13-08-2026
Business: By Precipice
Adv. Jyoti Mishra is present for plaintiff and filed application for taking matter on todays board. O-Allowed. TOR. Marked as Exh.57.
Adv Shilpa Shetty i/b Adv. Amit Mehta is present for defendant nos. 1 to 5.
Adv. Mamta Panigrahi present (Court Commissioner) and filed court commissioner report TOR. Marked as Exh. 58.
Ld. adv of plaintiff filed evidence closure pursis. TOR. Marked as Exh. 59.
Adv. for defendant filed pursis marked as Exh. 60 and submitted that she will arrange conference room for taking cross examination of defendant at Das, Alcov Fort Mumbai after court hours i.e. 05.00 p.m. on wards. The plaintiffs advocate has given consent and court commissioner has also given consent for this. She further submitted that common evidence in three matters i.e. Com. Suit No. 514/2022 and Summary Civil Suit No. 245/2020 will be recorded as per the pursis filed on record and the cost of Court commissioner and booking of conference hall be born by the defendant.
Matter is already kept on 20.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Time bound matter.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiff.
None present for defendant.
Later on at 11.55 p.m.
Adv. Rajeev Matkar present for plaintiff.
Later on at 01.40 p.m.
Plaintiff no. 2 is present.
Adv. Rajeev Matkar present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta is present for defendant.
Article 1 and 2 are filed by the PW-1 during his cross examination as per the demand of defendant and he requested for exhibiting the documents. However these documents are not filed on record by Court Commissioner or plaintiff hence, these documents are not mark exhibit. Marking of documents will be considered after production of documents on record.
Ld of plaintiff filed prusis a/w original pen drive of video recording of cross examination conducted before court commissioner. TOR. Marked as Exh. 61.
Matter is adj. for R/E P.H to 02.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Adv. Jyoti Mishra is present for plff and filed application for taking matter on todays board. O-Allowed. TOR. Marked as Exh. 62.
Ld commissioner has filed documents alongwith application TOR marked Exh. 63. These documents are called upon by the adv for defendant no. 1 to 5. Hence, these documents are marked as Exhibits.
List of eviction suits filed by plff no. 2 after termination dt. 15.07.2026 is marked Exh. 64. List of documents filed by plff as marked as Exh. 65.Email from deft no. 4 to plff is marked as Exh. 66.Final draft Development agreement is marked as Exh. 67.
Matter is already kept on 02.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-09-2026
Date: 02-09-2026
Business: Honble High Court time bound matter.
Plaintiff no. 2 is present.
Adv. Jyoti Mishra h/f adv. Rajeev Matkar present for plaintiff and submitted that the original documents of plaintiff produced in the court are required to be confronted to the witness and therefore, she prayed for handing over the original for cross examination before commissioner. O- Returned back the original to the plaintiff keeping true copies on record subject to production of the same in the court after cross examination is over.
Adv. Shilpa Shetty present for defendant and filed copy of Honble high court order in W.P. No. 4325, dt. 28.08.2026 granting of extension of time from 28.08.2026 to till six months. TOR. Marked as Exh. 68.
Matter is adj. for R/E to 17.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-09-2026