Date: 01-08-2019
Business: Adv. for plaintiff present.
Adv. for defendant present.
3.30pm
Plaint.
Adv. Solanki for plaintiff present. He tendered original S/J with affidavit. He also tendered service report.
Matter adjd for Service affidavit to 28.08.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. Solaki for plaintiff present.
Adv.Ms. Khusbu for defendant present.
Matter adjd for affidavit of service to 09.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Hitesh Solanki for plaintiff present.
None for defendant present.
Heard argument of advocate of plaintiff on S/J.
Matter adjd for filing original documents and argument of defendant to 05.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Hitesh Solanki for plaintiff present, he filed list of original documents.
Adv. Neil Gala for defendant present, on his request matter is KB 2.45pm
L.O. at 3.10pm
same appearance.
Heard argument of advocate of both sides on S/J -208/19.
Matter adj for S/J order to 23.11.2019.
Next Purpose: ORDER
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Hitesh Solankhi for plaintiff present.
Deft. and his adv. absent
Heard arguments of plff.
Matter adj to defs. S/J Arguments/Orders to 25/11/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Ad. Solankhi for plff. Present.
Adv. Neel Gala for defendant present.
Matter adj for S/J Hearing to 08/01/2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Solanki for plaintiff present.
Adv. Neel Gala for defendant present.
Both submitted that date may be given for re-arguments.
Hence adjd. for re-arguments to 26/2/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hitesh Soni for plff. Present.
Adv. Neelgara for deft. Present.
Matter is adjd to 28.02.2020 for Order of S/J.
Next Purpose: ORDER
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hitesh Soni for the plaintiff.
Adv. Neelgara for the defendant.
FRSR pronounced and following order is passed.
ORDER
1. Summons for Judgment No.208 of 2019 is dismissed.
2. Defendant allowed to defend the suit on the condition that he shall deposit amount of Rs.1,22,323.50ps. and file their written statement within four weeks from the date of this order.
3. Costs in cause.
4. Summons for Judgment No.208 of 2019 is disposed off accordingly.
Matter is adjd to 27.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 16.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on Leave.
Matter is adjd to 04.03.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Both the parties and their advocates are absent.
L.O. At. 12.00 p.m.
Adv. Kunal Solanki for plff. Present.
Adv. Neel Gala for deft. Present .
Adv. For the deft. Requested 4 weeks time to deposit the amount.
Matter is adjd to 27.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 21/08/2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Hitesh Solanki for the plff present.
Matter is adjd to 23.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Plaintiff and defendant absent.
Adv. Hitesh Solanki for plaintiff is present.
Matter is adjd for Compliance to 23.02.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: CORAM H.H.J SMT. R.K. KSHIRSAGR C.R. NO. 13 Matter pertain to C.R. No. 61
Adv. Neha Mishra for defendant present.
Draft Notice of Motion alonwith affidavit in support tendered by defendant.
ORDER - Leave granted to register the Notice of Motion.
Matter adjd to for tendering Original registered NM on 21.04.2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: P.O. is on training
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Mr. Hitesh Solanki for Plaintiff present.
Adv. Mr. Neel Gala for Defendant present and filed registered NM No. 919/2022 alongwith Affidavit in support.
Heard both the sides on NM.
F.R.S.R. following Order is passed :-
ORDER
1. NM No. 919/2022 is allowed and Defendant is permitted to deposit an amount of Rs.1,22,323.50 in this court within two weeks from this Order.
2. Defendant to file Written Statement within two weeks thereafter.
3. NM No. 919/2022 is disposed of accordingly.
Matter adjourned to 08/08/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. for Plaintiff present.
Adv. Shreya Mehta h/f. Adv. Neel Gala for Defendant present and submits that she has deposited the amount as directed by this Court vide order dated 08.07.2022. She filed written statement. (Exh.05).
O-R. and R.
Matter adjourned to 30.09.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. for Plaintiff present.
Adv. Pritesh A. Parmar for defendant present.
Heard both sides on the point of issues.
Issues framed (Exhibit-06).
Matter adjd. to 12.12.2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv.Kunal Solanki for plaintiff present. He filed affidavit of evidence of Mr.Ashok Dedhia of PW-1. (Exh-7)
He also filed additional compilation of documents. (Exh-8)
Plaintiff is directed to serve the copy of defendant.
None for defendant.
Matter is adj to 06/02/2023 for say on Exh-4 and 8.
Next Purpose: FILING SAY
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Adv.Kunal Solanki for plaintiff present.
Adv.Pritesh A.Parmar h/f Adv.Neel A.Gala for defendant present. He filed application for re-casting of issues. (Exh-9).
Matter is adj to 21/04/2023 for hearing on Exh-9.
Next Purpose: HEARING
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
Adv.Pritesh A.Parmar i/b Adv.Neel A.Gala for defendant present.
Defendant has already filed application for recasting issue (Exh-9), despite opportunity to file reply plaintiff failed to do so.
Considering short issue involved in the application, I find it just and proper to dispose of the application without waiting for the reply by the plaintiff.
Heard Ld.Adv.Pritesh Parmar for defendant. He points out the letter dated 27/08/2018 Exh-D to the plaint and para No.9 of WS. He contends that payment of Rs.15,00,000/- was made by defendant towards full and final settlement. This assertion is contrary to the pleading of the plaintiff. Hence, disputed question of fact arises with respect to the payment of said amount towards full and final settlement. Therefore, additional issue no. (b) from application Exh-9, needs to be framed.
So far as issue regarding privity of contract between the parties is concerned, I find same is not required to be framed in view of the clear assertion in para No.3 of the plaint. It is needless to say that plaintiff so as to prove issue No.2 also requires to prove the transaction between the parties as is alleged in the plaint. Thus, issue no.3 covers the issue with respect privity of contract. Hence, framing of said issue is unwarranted.
Hence, the following additional issue no.1A is framed-
Issues No.1A- “Whether the defendant proves that he has paid the entire amount in terms of settlement arrived between the parties?”.
Application Exh-9 disposed of accordingly.
Matter is adj to 12/07/2023 for admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hitesh Solanki for plaintiff is present.
Adv. Archana Jha i/b Neel A. Gala for defendant is present and prayed for adjournment. Adjournment granted.
Matter is adj to 19.10.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Miti Shah h/f Adv. Hitesh Solanki i/b Manoj and Ashok Associates for plaintiff is present.
Adv. Pritesh A. Parmar i/b Adv. Neel A Gala for defendant is present and requested for adjournment. Adjournment is granted.
Matter is adj to 22.01.2024 for reply to admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Pritesh A. Parmar i/b Adv. Neel A. Gala for defendant is present and filed reply on admission and denial of the documents filed at list Exh-4 and 8. Taken on record. It is marked as Exh-10. He submitted that he does not want to make any oral submission.
Matter is adj to 13.02.2024 for hearing of plaintiff on admission and denial of the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mr. Hitesh Solanki for the plaintiff is present.
Adv. Mr. Pritesh Parmar i/b Adv. Neel Gala for the defendant is present.
Heard both the sides on admission and denial of the documents.
The defendant has admitted document at Sr. Nos. 4 and 5, further admitted, documents Sr. Nos. 3 and 6, but denied the contents therein.
The document vide list exhibit 04 at Sr. Nos. 1, 2, 4, 5 and 7 and document vide list exhibit 08 at Sr. No. 1 are original documents. The document at Sr. Nos. 3 and 6 are office copy of notice issued by the plaintiff to the defendant. Therefore, the documents are marked and Exhibited.
Exh. 11 Demand promissory note dated 17.10.2015.
Exh. 12 Income tax confirmation of books of accounts dated 01.04.2016.
Exh. 13 Office copy of notice dated 08.03.2018.
Exh. 14. Defendants advocate letter dated 17.05.2018.
Exh. 15 Defendants letter dated 27.08.2015.
Exh. 16 Office copy of notice dated 11.03.2019.
Exh. 17 Original RPAD acknowledgment card.
Exh 18 Original power of attorney dated 16.07.2018.
Matter is adj to 20.03.2024 for marking the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Miti Shah for plaintiff is present.
Plaintiff is absent.
Adv. Pritesh A. Parmar i/b Adv. Neel Gala for defendant is present.
Matter is adj to-29/04/2024 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kunal Solanki with Adv. Miti Shah for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.18 pm
Adv. Kunal Solanki with Adv. Miti Shah for plaintiff is present.
The defendant and his counsel are absent.
PW-1 is present.
The defendant failed to cross-examine the plaintiff\''s witness(PW-1). Hence, no cross order is passed against the defendant.
Matter is adj to 25.06.2024 for Further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Adv. Kunal Solanki with Adv. Miti Shah for plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exh-19.
The defendant and his counsel are absent.
Matter is adj to 30.07.2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Court is on half day leave(in first session).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Miti Shah for plaintiff is present.
Adv. Kaivalya M. Raul i/b Neel A. Gala for defendant is present and requested for adjournment to file notice of motion to set aside no cross order. Adjournment is granted.
Matter is adj to 04.11.2024 for defendant\''s evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: COURT IS ON LEAVE
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Donde h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Gomathi Rajan Chettiyar i/b Neel Gala for defendant is present and filed draft Notice of Motion along with affidavit in support. O-Leave is granted to register the draft Notice of Motion.
Matter is adj to 12.02.2025 for filing registered notice of motion and affidavit of service of it.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Donde h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Gomathi Rajan Chettiyar i/b Neel Gala for defendant is present and filed registered Notice of Motion No.663/25 along with affidavit in support. Copy served to other side.
Matter is adj to 07.03.2025 for filing reply to Notice of motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: P.O. IS ON HALF DAY LEAVE (MORNING SESIONS)
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Dhonde for plaintiff is present and submitted that she does not want to file reply to Notice of Motion.
Adv. Kaivalya Raul i/b Adv. Neel Gala for defendant is present.
Heard counsel for both sides on NM No.663/25
Matter is adj to 08.05.2025 for Order on NM No.663/25.
Next Purpose: NM ORDERS
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Donde h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Kaivalya Raul i/b Adv. Neel Gala for defendant is present.
As court is busy in dictating order in SJ No.322/22, 323/22, 650/22, 651/22, 47/23, 118/15, draft NM No.4913/12 and 4914/12, remaining board is discharged. Parties are liberty to file applications and documents, if any.
Matter is adj to 16.06.2025 for Order on Notice of motion.
Next Purpose: NM ORDERS
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
FRSR following order is passed On NM No.663/25
Order
1.Notice of motion No. 663/2025 is allowed.
2.No cross order dated 29/04/2024 is hereby set aside subject to costs of Rs. 2,000/- to be paid to the plaintiff or deposit in the Court on or before next date.
3.After complying direction of costs, defendant is allowed to cross examine the plaintiff.
4. Notice of motion No. 663/2025 is disposed of accordingly.
Matter is adj to 25.08.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mithil Mehta h/f Adv. Kunal Solanki for plaintiff is present and submitted that defendant has not paid the costs.
The defendant and his counsel are absent.
Matter is adj to 23.09.2025 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mithil Mehta h/f Adv. Kunal Solanki for plaintiff is present
Adv. Kaivalya Raul h/f Adv. for defendant is present and paid costs of Rs.2,000/- to the plaintiff.
Matter is adj to 16.10.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mithil Mehta h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Neel Gala for defendant is present.
Keep back.
Later on at 1.27 pm
Mr. Ashok Zaverchand Dedhia, Age-53 years, Advocate, Matunga, PW-1 is present and admitted contents of evidence in affidavit and identified his signature.
Adv. Mithil Mehta h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Neel Gala for defendant is present.
Cross-examination of PW-1 is partly recorded and deferred till next date as court time of first session is over.
Matter is adj to 12.11.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Ashok Zaverchand Dedhia, POA of plaintiff is present.
Adv. Mithil Mehta h/f Adv. Kunal Solanki for plaintiff is present.
Adv. Tanvi Patil i/b Adv. Neel Gala for defendant is present.
Consent terms filed by both parties. It is marked as Exh-20.
Order below Exh-1
Perused record. Heard both parties. CA of plaintiff namely Mr. Ashok Zaverchand Dedhia is present along with his counsel. Counsel for defendant is present. They have submitted consent terms at Exh-20, it is read and recorded. CA of plaintiff is verified with the terms and conditions in the said consent terms and he has admitted and acknowledged the same. The said consent terms bears signatures of both parties. It appears defendant has agreed to pay an amount of Rs.1,65,000/- and plaintiff has admitted the same towards full and final settlement. Further, defendant has deposited an amount of Rs.1,22,323.50, in view of order dated 28.02.2020 passed in Summons for judgment No.208/19. Plaintiff is entitled to withdraw the said amount along with accrued interest. Defendant has handed over demand draft dated 10.11.2025 for balance amount of Rs.42,676/- to the plaintiff. Further, plaintiff has submitted accordingly matter to be disposed of. Hence, considering the facts and circumstances of the case, I am of view that suit needs to be disposed of as settled. Hence, I proceed to pass following order-
Order
1. Sum. Suit No. 575 of 2019 is disposed of, as settled in view consent terms at Exh-20.
2. The plaintiff is entitled to withdraw the amount of Rs. 1,22,323.50 along with accrued interest, if any, deposited in view of order dated 28.02.2020 passed in Summons for judgment No.208/2019.
3. The plaintiff may be entitled to refund of court fees, if provided for in the rules.
4. Sum. Suit No.575 of 2019 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 12-11-2025