Date: 12-03-2021
Business: NOB TOB
Adv. For the deft. filed matter taken on todays board.
Order - allowed.
Adv. Gajanan Shinde for deft. Present.
Adv. For the deft. filed Vakalatnama. t.o.r.
Order - Taken on record subject to conformation of report of the plaintiff.
Matter is already adjd to 31.03.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Anisha Balse I/b SNG and Partners for the plff present.
Adv. Rahul Agrawal a/w Mayuri Kale for the deft no. 3 present.
Adv. for the plff filed Vakalatnama. t.o.r.
Order- seen and filed.
Perused the objection of the defendant. The Notice of Motion is not pressed by the plaintiff. Hence, Notice of Motion is disposed off.
Matter is adjd to 27.04.2021 for N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 20/08/2021 for N/M
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Date: 23-09-2021
Business: None for plaintiff.
Adv. Sambhaji Kharatmol for deft. nos.1 and 2 present.
The matter is adjd for taking steps to 12.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Sambhaji Kharatmol for deft. nos.1 and 2 present.
Exh.2 - Affidavit of service tendered by Adv. For plaintiff. T.O.R.
The matter is adjd for taking steps to 28.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Nikhil Patil for deft. nos.1 and 2 present.
Adv. For plaintiff sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 12.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None for plaintiff.
Adv. Nikhil Patil for deft. nos.1 and 2 present.
K.B.
L.O. at 11.30 am.
Adv. Nilesh Ghadge for plaintiff present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
The matter is adjd for service of S/J and reply to 23.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Rahul Agarwal along with Adv. Mayuri Kale for deft. no.3 present.
Adv. For plaintiff tendered registered S/J No.168/21. T.O.R.
Adv. For plaintiff tendered service affidavit regarding service of S/J. T.O.R.
The matter is adjd for filing reply to S/J to 09.12.2021.
Next Purpose: REPLY
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Gajanan Shinde for defendant Nos.1 and 2 present
Adv. For defendant Nos.1 and 2 sought time to file reply to S/J- Already stipulated time is over. Therefore, time as prayed for cannot be granted. S/J to proceed without reply of defendant Nos.1 and 2.
The matter is adjd for hearing on S/J to 16.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. B. Gopalakrishnan along with Adv. Nilesh S. Ghadge for plaintiff present.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Rahul Agarwal for deft. no.3 present.
Adv. For deft. nos.1 and 2 tendered draft N/M. Leave to register N/M is granted.
Copy of N/M is served to Adv. For plaintiff.
Adv. For deft. no.3 submits that deft. no.3 is not served with writ of summons and documents filed along with plaint.
Plaintiff tendered service affidavit regarding service of writ of summons on 26.03.2021. Said affidavit shows that writ of summons was duly served to deft. nos.1 and 2 but it was not served to deft. no.3. Therefore, plaintiff is directed to serve deft. no.3 plaint and copies filed along with plaint.
Adv. For deft. no.3 submits that he waives service of writ of summons.
The matter is adjd for service of plaint and documents filed along with plaint to deft. no.3 and for filing reply to N/M to 23.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. For deft. nos.1 and 2 tendered registered N/M No.3271/21. T.O.R.
Adv. For plaintiff tendered reply to N/M No.3271/21. T.O.R.
Adv. For plaintiff tendered service affidavit regarding service of plaint and other documents to Adv. For deft. no.3.
The matter is adjd for hearing on N/M to 04.01.2022.
L.O. at 02.50 pm.
Adv. Mayuri Kale for deft. no.3 present.
Adv. For deft. no.3 tendered reply affidavit to S/J. T.O.R.
The matter is already adjd for hearing on N/M to 04.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None for plaintiff.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Rahul Agarwal for deft. no.3 present.
Heard Adv. For deft. nos.1 and 2 on N/M No.3271/21.
K.B.
L.O. at 03.10 pm.
Plaintiff and his counsel are absent.
Matter is quite old. Therefore, I shall proceed to decide present N/M on merits.
ORDER BELOW N/M NO.3271/21
This N/M is taken out by deft. nos.1 and 2 praying to condone delay of 20 days in filing reply to summons for judgment.
It is submitted on behalf of deft. nos.1 and 2 that copy of the summons for judgment is served upon them on 17.11.2021. They were required to apply leave to defend the suit on or before 27.11.2021. On 09.12.2021, deft. nos.1 and 2 sought time for applying leave to defend the suit. However, stipulated time was over. Therefore, Court did not consider the request of deft. nos.1 and 2. It is further submitted that suit relates to the transactions which took place in the year 2014. Deft. nos.1 and 2 were required to check out transactions and emails of the year 2014. They were required to check the record of the relevant time. Deft. no.2 was traveling and therefore, he could not give sufficient time for instructing the advocate. By making all these submissions, deft. nos.1 and 2 prayed to condone the delay in applying leave to defend the suit.
Plaintiff, by filing reply affidavit, resisted the N/M. It is submitted that reasons mentioned in the N/M does not stand the test of merit. Order 37 of C.P.C. specifically provides summary procedure. This Court cannot review an order passed by the Court rejecting leave to defend the suit. Sufficient time was available with deft. nos.1 and 2 for applying leave to defend the suit. By making these submissions, plaintiff prayed to reject the N/M.
Considered the submissions of both sides. N/M is opposed mainly on the ground that Court, by its order dated 09.12.2021, rejected prayer of deft. nos.1 and 2 seeking time to file reply and therefore, this Court cannot permit deft. nos.1 and 2 to file their reply to summons for judgment.
Record shows that deft. nos.1 and 2 were served with summons for judgment on 17.11.2021. But, they failed to file reply to summons for judgment/leave to defend application within stipulated period. On 09.12.2021, oral request was made on behalf of deft. nos.1 and 2 seeking time to file reply to summons for judgment. Already stipulated time was over, therefore, this Court has rejected prayer of deft. nos.1 and 2. However, by the order dated 09.12.2021, this Court has not rejected application for leave to defend the suit. By the order dated 09.12.2021, prayer for adjournment for filing application for leave to defend the suit was rejected.
Order 37 Rule 3(7) of C.P.C. provides that the Court, may for sufficient cause shown by defendants, excuse delay of defendants in applying for leave to defend the suit. Thus, Order 37 of C.P.C. permits the Court to excuse the delay in applying leave to defend the suit, if sufficient cause is shown by the defendants. Deft. nos.1 and 2 submit that transaction pertains to the year 2014 and therefore, they require time for taking search of the relevant documents and emails. They further submit that deft. no.2 was traveling and therefore, he could not give instructions to his advocate for filing leave to defend application within stipulated period. There is delay of 20 days in applying leave to defend the suit. Deft. nos.1 and 2 have given sufficient cause which prevented them from applying leave to defend the suit within stipulated period. Considering the principles of natural justice and the sufficient cause shown by deft. nos.1 and 2, it would be expedient to excuse delay in applying leave to defend the suit. In the result, following order.
ORDER
1. N/M No.3271/21 is made absolute in terms of prayer clauses (a) and (b).
2. No order as to costs.
3. N/M No.3271/21 is disposed of accordingly.
The matter is adjd for reply to S/J to 13.01.2022.
Next Purpose: REPLY
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Mayuri Kale for defendant No.3 present.
Adv. Gajanan Shinde for defendant Nos.1 and 2 present.
He tendered reply affidavit to Summons for Judgment No.168/2021. Taken on record. He undertakes to serve copy of reply to advocate for plaintiff.
Therefore, the matter is adjd for hearing on S/J to 07.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today''s board.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today\''s board.
None Present
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for summ. For judgt. hearing to 23.02.2022
Later on at 3.30 p.m.
Adv. B. Gopalkrishnan alongwith Nilesh Ghadge for plaintiff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. B. Gopalkrishnan for plaintiff present.
Adv. Nikhil D. Patil along with Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Rahul Agarwal for deft. no.3 present.
Heard arguments of Adv. For plaintiff, Adv. For deft. nos.1 and 2 and Adv. For deft. no.3 on S/J No.168/21.
The matter is adjd for order on S/J No.168/21 to 25.02.2022.
Next Purpose: ORDER
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
F.R.S.R. following order is passed below S/J No.168/21 -
ORDER
1. Summons for Judgment No.168 of 2021 is dismissed.
2. Unconditional leave to defend the suit is granted to defendant Nos.1 to 3.
3. Defendant Nos.1 to 3 shall file their written statement within 30 days from today.
4. No order as to costs.
5. Summons for Judgment No.168 of 2021 is disposed of accordingly.
The matter is adjd for written statement to 24.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: (Exh.3) By preceipe. O. - Be taken on today\''s board.
Adv. Mayuri Kale for deft. no.3 present.
Exh.4 - Written statement of deft. no.3. T.O.R.
O. - Read and recorded.
Adv. for deft. no.3 tendered draft N/M. Leave to register N/M is granted.
The matter is already adjd to 24.03.2022 now for written statement of deft. nos.1 and 2 and N/M reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: None for plaintiff.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Exh.5 - Written statement of deft. nos.1 and 2. T.O.R.
O. - Read and recorded.
Adv. For deft. nos.1 and 2 undertakes to serve copy of written statement to Adv. For plaintiff.
K.B.
L.O. at 11.25 am.
Adv. Nilesh Gadge for plaintiff present.
Adv. Rahul Agarwal for deft. no.3 present.
Adv. For deft. no.3 tendered registered N/M No.1116/22. T.O.R.
Adv. For plaintiff submits that N/M taken out by deft. no.3 is served on 22.03.2022. He sought time for filing reply affidavit. Time as prayed for is granted.
The matter is adjd for reply to N/M no.1116/22 to 21.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Mayuri Kale for deft. no.3 present.
Adv. For plaintiff sought time for filing reply to N/M. Time as prayed for is granted.
The matter is adjd for reply to N/M to 27.04.2022.
L.O. at 03.30 pm.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
The matter is already adjd for reply to N/M to 27.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None for plaintiff.
Adv. Rahul Agarwal for deft. no.3 present.
K.B.
L.O. at 03.00 pm.
Adv. B Gopalkrishnan along with Adv. Nilesh Ghadge for plaintiff present.
None appeared on behalf of deft. nos.1 and 2.
Adv. For plaintiff filed reply to N/M No.1116/22. T.O.R.
Adv. For plaintiff submits that copy of reply is served to Adv. For deft. no.3 on 25.04.2022.
The matter is adjd for hearing on N/M to 16.06.2022.
L.O. at 03.10 pm.
Adv. Rahul Agarwal for deft. no.3 present.
The matter is already adjd for hearing on N/M to 16.06.2022.
L.O. at 03.25 pm.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
The matter is already adjd for hearing on N/M to 16.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. B. Gopalakrishnan along with Adv. Nilesh Ghadge for plaintiff present.
Adv. Nikhil Patil for deft. nos.1 and 2 present.
Adv. Rahul Agarwal for deft. no.3 present.
Heard arguments of Adv. For deft. no.3, Adv. For plaintiff and Adv. For deft. nos.1 and 2 on N/M No.1116/22.
The matter is adjd for order on N/M No.1116/22 to 22.06.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: None for plaintiff.
Adv. Mayuri Kale along with Adv. Rahul Agarwal for deft. no.3 present.
K.B.
L.O. at 03.00 pm.
Adv. Shweta Tripathi for plaintiff present.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Mayuri Kale for deft. no.3 present.
F.R.S.R. following order is passed on N/M No.1116/22 -
ORDER
1. Notice of Motion No.1116 of 2022 is dismissed.
2. No order as to costs.
3. Notice of Motion No.1116 of 2022 is disposed of accordingly.
The matter is adjd for filing affidavits of admission and denial to 22.07.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Nilesh Ghadge for plaintiff present.
Adv. Nikhil Patil for deft. nos.1 and 2 present.
Adv. For deft. nos.1 and 2 supplied copy of their written statement to Adv. For plaintiff.
Both parties sought time for filing affidavit of admission and denial. Time as prayed for is granted as a last chance.
The matter is adjd for filing affidavit of admission and denial to 10.08.2022.
L.O. at 02.55 pm.
Adv. Jasmin for deft. no.3 present.
The matter is already adjd for filing affidavit of admission and denial to 10.08.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: None for plaintiff.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Exh.6 - Adv. For deft. nos.1 and 2 filed statement of admission and denial along with affidavit. T.O.R.
K.B.
L.O. at 11.20 am.
Adv. Rahul Agarwal for deft. no.3 present. He sought time for filing affidavit of admission and denial. Time as prayed for is granted.
The matter is adjd for filing affidavit of admission and denial to 06.09.2022.
L.O. at 11.35 pm.
Adv. Mamta Kadam for plaintiff present.
The matter is already adjd for filing affidavit of admission and denial to 06.09.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: None for plaintiff.
Adv. Gajanan Shinde for deft. nos.1 and 2 present.
Adv. Rahul Agarwal for deft. no.3 present.
K.B.
L.O. at 12.00 noon.
Adv. Nilesh Ghadge for plaintiff present.
Exh.7 - Adv. For plaintiff filed affidavit of admission and denial to the documents of deft. nos.1 and 2. T.O.R.
Exh.8 - Adv. For plaintiff filed affidavit of admission and denial to the documents of deft. no.3. T.O.R.
L.O. at 02.50 pm.
Adv. Jasmin Puranik h/f. Adv. Rahul Agarwal for deft. no.3 present. She sought time for filing affidavit of admission and denial. Time as prayed for is granted.
The matter is adjd for filing affidavit of admission and denial by deft. no.3 to 23.09.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: The Court is Vacant.
Hence, Matter is Adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to court room no. 14
Adv. Nilesh Ghadge for plaintiff present.
Adv. Jasmin Purani for defendant No. 3 present.
Affidavit of admission denial filed by adv. for deft No.3. O- R and R. t.o.r. and marked as Exh. 9 Copy be served to other side.
Adjd for case management hearing to 01/12/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: As court is vacant
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: The Court is Vacant.
Hence, the matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Court is vacant. Matter adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: As court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: As court is vacant. Hen
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: As court is vacant. Matter is adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Matter received under transfer from Court Room No.14.
M/s. Cravatex Ltd Vs Panchanan Retail Products Pvt Ltd
Adv. Nilesh Ghadge present for plaintiff.
Adv. Gavrav Yadav present for defendant No.3.
Issues and Case Management order.
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 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4) Thereafter, within next 30 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 two weeks.
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.
Plaintiff to take steps regarding evidence by next date.
Matter adjourned to 25.10.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: M/s Cravatex Ltd V/s Panchanan Retail
Adv. Nilesh Ghadge present for plaintiff.
Adv. Gajanan Shinde present for defendant No.1 and 2.
Adv. Sajid Sayyad present for defendant No.3.
Exh.11 - List of witness filed by plaintiff
Exh.12 - List of witness filed by defendant No.1 and 2.
Exh.13 - List of witness filed by defendant No.3.
Exh.14 - Application filed by defendant No.3 seeking leave to file interrogative list.
Order- Leave is granted.
Case adjourned to 18.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Carvatex Ltd V/s Panchanan retail
Adv. Gajanan Shinde present for Carvatex.
Adv. Nilesh Ghadge present for defendant No. 1 and 2.
Adv. Jasmin Pouranic present for defendant.
As Court is on leave, matter adjourned.
Case adjourned to 30.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: None for plaintiff.
Adv Ekta Mistry i/b Adv Gajanan Shinde for defendant no. 1 and 2 present.
KB
LO at 12.02 pm
Adv Nilesh Ghadge for plaintiff present.
The Ld. Adv for plaintiff filed an application for seeking time to file affidavit of evidence. t.o.r.
O- it is submitted that the original documents are lying with trial Court in proceedings u/s 138 of NI Act. Hence the plaintiff is unable to file affidavit in evidence. Hence considering the request the application stands allowed.
Matter stands Adj for filing evidence on 27/03/2024.
LO at 12.09 pm
Adv Sajid Sayyed h/f Adv Rahul Agarwal for defendant no. 3 present.
He filed an application for interrogatories. t.o.r. marked as Exh. 15. O- Other side to say. Copy for plaintiff kept in proceeding.
Matter already Adj on 27/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Adv Gopal Krishna for plaintiff present.
Adv Nafisa Asarwala i/b Adv Gajanan Shinde for defendant no. 1 and 2 present.
On oral request of Ld. Adv for plaintiff, last chance is granted for filing affidavit of evidence.
Matter stands Adj for Affidavit of Evidence on 16/04/2024.
LO at 12.46 pm
Adv Shruti Ade for defendant no. 3 present.
Matter already Adj on 16/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv Gauri Nar for plaintiff present.
Adv Nafeesa h/f Adv Ganajan Shinde for defendant no. 1 and 2 present.
Adv Shruti Addi for defendant no. 3 present.
The Ld. Adv for plaintiff seeking oral adjournment as the there is change in management. It is to be seen that the matter is of the year 2021. Already last chance granted to the plaintiff for filing affidavit of evidence. It is a Commercial suit. Therefore, considering this aspect last chance granted subject to payment of cost of Rs. 1000/- to be paid to DLSA, Mumbai.
Matter stands Adj for filing affidavit of Evidence on 11/06/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Representative of plaintiff Co. present.
Adv Nilesh Ghadge for plaintiff present.
Adv Nafisa for defendant no. 1 and 2 present.
Adv Sajid Sayyad for defendant no. 3 present.
It is submitted that the plaintiff has paid cost of Rs. 1000/- to DLSA, Mumbai as per order dated 16/04/2024. To substantiate same the plaintiff has filed pursis along with copy of receipt. t.o.r. marked as Exh. 16. O- Seen.
The plaintiff has filed affidavit of examination-in-chief of PW 01 B. Natraj. t.o.r. marked as Exh. 17. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 18.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
The plaintiff is directed to supply copy of examination-in-chief and documents to defendants.
The plaintiff is directed to file reply to Exh. 15.
Defendants are directed to file their respective evidence on next date.
Matter stands Adj for marking of documents plaintiff and filing evidence of defendants on 12/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Adv Nilesh Ghadge for plaintiff present.
Adv Gajanan Shinde for defendant no. 1 and 2 present.
Adv Sajid Sayyed h/f Adv Satosh Agarwal for defendant no. 3 present.
KB
LO at 1.03 pm
Same appearance for plaintiff and defendant no. 1 to 3.
Adv for plaintiff filed reply to the interrogatories of defendant no. 3. t.o.r. marked as Exh. 19. O- Seen. Copy supplied to both the defendants.
Witness Amit Sajankumar Gupta present.
Ld. Adv for defendant no. 1 and 2 filed affidavit of examination-in-chief. t.o.r. marked as Exh. 20. O- Seen.
He also filed compilation of documents. t.o.r. marked as Exh. 21. O- Seen.
Copies supplied to the plaintiff.
Defendant no. 3 seeks time to file evidence on next date and seek liberty to swear the affidavit on VC. Liberty granted.
Matter stands Adj for Swearing affidavit of defendant no. 3, hearing interrogatories and steps on 29/08/2024.
Next Purpose: HEARING
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: P. O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Adv Nilesh Ghadge for plaintiff present.
Adv Apurva Mahadik for defendant no. 1 and 2 present.
Adv Aman Arora for defendant no. 3 present.
He filed pursis. t.o.r. marked as Exh. 22. O- It appears that some interrogatories served by defendant no. 3 on the plaintiff and though plaintiff have replied to the same, some aspects need to be heard. Meanwhile defendant no. 3 is likely to file evidence along with list of documents.
KB
LO at 12.33 pm
Defendant no. 3 present through VC.
Adv for defendant no. 3 filed affidavit of examination-in-chief. t.o.r. marked as Exh. 23. O- Seen.
He also filed list of documents. t.o.r. marked as Exh. 24.
O- Seen.
Matter stands Adj for Hearing on interrogatories on 15/10/2024.
Next Purpose: HEARING
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: None present for plaintiff.
Adv Nafisa Asarwala for defendant no. 1 and 2 present.
Adv Sajid Sayyad for defendant no. 3 present.
Matter stands Adj for hearing on interrogatories on 20/11/2024.
Next Purpose: HEARING
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: The matter was posted on 20/11/2024, but due to Election the said day was declared as holiday.
Next Purpose: HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: None present.
The matter was posted on 20/11/2024, but due to Election the said day was declared as holiday. Hence, matter is taken on todays board and it stands adjourned on 24/12/2024.
Next Purpose: HEARING
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Second Session at 2.45 pm.
Adv Nilesh Ghadge for plaintiff present through VC.
Adv Nafisa Asarwala for defendant no. 1 and 2 present.
Adv Sajid Sayed for defendant no. 3 present.
With Consent, matter stands Adj for Hearing on 17/01/2025.
Next Purpose: HEARING
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: Adv Gopalkrishnan for plaintiff present through VC.
Adv Nafisa for defendant no. 2 present.
Adv Sajid Sayyed for defendant no. 3 present.
On oral request of Adv for plaintiff, matter stands Adj for Hearing on interrogatories on 24/02/2025.
Next Purpose: HEARING
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Adv Anil Lulla for plaintiff present.
He filed VP. t.o.r. marked as Exh. 25. O- Seen.
Adv Gajanan Shinde for defendant no. 1 and 2 present through VC.
Adv Aman Arora for defendant no. 3 present.
On oral request of Adv for defendant no. 3, and due to illness of standing advocate, matter stands Adj for Hearing on 24/03/2025.
Next Purpose: HEARING
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Adv Anil Lulla for plaintiff present.
None present for defendant.
KB
LO 12.13 pm
Same appearance for plaintiff.
Adv Reeti Upadhyay for defendant no. 3 present.
Heard Adv for plaintiff on Exh. 15. The said application is pending since september 2024. The Adv holding for defendant no. 3 submits that she will file written arguments on Exh. 15. In case she intends to file the same, an advance copy be served upon plaintiff before the next date.
Matter stands Adj for Written Arguments of defendant no. 3 (Exh. 15) on 29/04/2025.
Next Purpose: HEARING
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Adv Anil Lulla for plaintiff present.
Adv Nafisa Asarwala for defendant no. 1 and 2 present.
Adv Sajid Sayyed for defendant no. 3 present.
He filed written notes of arguments in support of Exh. 15. t.o.r. marked as Exh. 15A. O- Seen. Copy already supplied to plaintiff.
Heard both sides on Exh. 15.
Matter stands Adj for Order (Exh. 15) on 08/05/2025.
Next Purpose: ORDER
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Adv Nahar Mahala for plaintiff present.
Adv Gajanan Shinde for defendant no. 1 and 2 present through VC.
Adv Sajid Sayed for defendant no. 3 present.
Due to paucity of time, matter stands Adj for Order on 16/06/2025.
Next Purpose: ORDER
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: P. O. is on Leave.
None present for plaintiff.
Adv Gajanan Shinde for defendnat Nos. 1 and 2 present.
Adv Reeti Upadhyay for defendant No.3 present.
Matter stands Adj for Order on 03.07.2025.
Next Purpose: ORDER
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: None present for plaintiff.
Adv Gajanan Shinde for defendant no. 1 and 2 present through VC.
Adv Reeti Upadhyay for defendant no. 3 present.
Matter stands Adj for Order (Exh. 15) on 14/07/2025.
Next Purpose: ORDER
Next Hearing Date: 14-07-2025
Date: 14-07-2025
Business: Adv Nafeesa Asarwala for defendant no. 1 and 2 present through VC.
Adv Dwarika for defendant no. 3 present.
F. R. S. R. following order is passed below Exh. 15 -
Order
1. Application Exh. 15 is hereby rejected.
2. No order as to costs.
3. Application Exh. 15 stands disposed off accordingly.
Matter stands Adj for marking of documents on 07/08/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: None present for plaintiff.
Adv Nikhil Patil for defendant no. 1 and 2 present through VC.
Adv Aman Arora for defendant no. 3 present.
PW 01 absent.
Matter stands Adj for marking of documents of PW 01 on 11/09/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Adv Gajanan Shinde for defendant no. 1 and 2 present.
KB
LO at 12.51 pm
Adv Nahar for plaintiff present.
Adv Reeti Upadhyay for defendant no. 3 present.
Matter stands Adj for Cross-examination of PW 01 on 07/10/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv Suchitra Singh for plaintiff present.
Adv Riti Upadhyay for defendant no. 3 present through VC.
PW 01 absent.
Matter stands Adj for marking of documents of plaintiff on 15/11/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Adv Suchitra Singh for plaintiff present.
Adv Sumedh Borecha for defendant no.3 present.
L.O.
Adv Gajanan Shinde for defendant no. 1 and 2 present through VC.
He is directed to serve the copy of admission and denial on plaintiff in advance before next date.
Matter adjourned to 04.07.2026 for Exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: None present on behalf of plaintiff and def. no.1 and 2.
Adv Rohit K Kharate for defendant no. 3 present.
Matter adjourned to 14.08.2026 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: P. O. is on training.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-09-2026
Date: 09-09-2026
Business: Adv Suchitra Singh i/b Adv Nahar Mahala for plaintiff present.
Adv Gajanan Shinde for defendant no.1 and 2 present through VC.
Adv Harsh Shah i/b Adv Rahul Agarwal for defendant no.3 present.
Ld. adv for defendant no.3 filed admission and denial. Copy served on adv for plaintiff.
Matter adjourned to 04.11.2026 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-11-2026