Date: 23-02-2021
Business: None present.
LO at 1.05 p.m.
Adv. Ramesh Jain for plaintiff is present.
Adjd for report on 01.04.2021.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Ramesh Jain for the plff. present.
Advocate Malti Patel for the deft. present.
On oral request of advocates adjd.to 7/5/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
Adv.Pamecha h/f. Adv.Mansi M Patel for defendant present.
The plaintiff to take steps as the defendants are already appeared.
Matter adjd to 16.10.2021 for steps.
Judge
LO at 01.27 pm
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 16.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present for plaintiff.
Adv.Nilesh Mandavkar h/f.Adv.Mansi M. Patel for defendant present.
KB
LO at 12.42 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Nilesh Mandavkar h/f.Adv.Mansi M. Patel for defendant present.
On oral request of the plaintiff, adjd for filing summons for judgment on 25.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff.
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendant present.
KB
LO at 01.45 pm,
Adv.Ramesh Jain for plaintiff present. He filed draft summons for judgment a/w. affidavit in support. O-Leave granted to register draft summons for judgment.
Matter adjd to 15.12.2021 for service affidavit to SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv Ms. Vaishali Chavan h/f Adv Mr. Ramesh Jain for plaintiff present.
None present for defendant.
The plaintiff registered Summons for Judgment No.176/2021 t.o.r.
Matter adjd to 03.02.2022 for Service Affidavit of Suit Summons and in S/J.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.03 pm,
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendants present. She filed draft notice of motion (condonation of delay) a/w. affidavit in support for defendant No.1 to 3 t.o.r. O-Leave granted to register draft notice of motion.
Adv.of plaintiff filed draft notice of motion (condonation of delay) a/w. affidavit in support for defendant No.4 to 6 t.o.r. O-Leave granted to register draft notice of motion.
Matter adjd to 17.02.2022 for service affidavits in suit and SJ by the pltff./service affidavit in NM by deft/reply by the pltff in NM.
Judge
LO at 02.20 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendants present.
Adv.of plaintiff filed handwritten reply on draft NM for defendant No.1 to 3 and draft NM for defendant No.4 to 6 itself.
Heard both the sides on both draft NMs.
F.R.S.R. the following order is passed
ORDER
1. Draft Notice of Motion is allowed.
2. Delay in filing leave to defend cum reply by the defendant Nos.1 to 3 in summons for judgment is condoned.
3. The defendant Nos.1 to 3 shall file leave to defend cum reply on or before next date.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
F.R.S.R. the following order is passed
ORDER
1. Draft Notice of Motion is allowed.
2. Delay in filing leave to defend cum reply by the defendant Nos.4 to 6 in summons for judgment is condoned.
3. The defendant Nos.4 to 6 shall file leave to defend cum reply on or before next date.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
Matter adjd to 17.02.2022 for service affidavits in suit and SJ by the plaintiff and filing of leave to defend by the defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendants present. She filed reply cum leave to defend by defendant No.1 to 3 in SJ 176/2021 t.o.r. and marked as Exh.3.
She also filed reply cum leave to defend by defendant No.4 to 6 in SJ 176/2021 t.o.r. and marked as Exh.4.
The defendants undertake to serve copies of reply to the plaintiff. It be served well in advance before next date.
Matter adjd to 01.03.2022 for hearing of SJ.
Judge
LO at 12.53 pm,
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 01.03.2022 for hearing of SJ.
Next Purpose: HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: None present for plaintiff.
Adv. Vanshika Rai h/f Adv. Mansi Patel present for defendant.
KB
L.O. at 11.57 a.m.
Adv. Mr. Ramesh Jain for the plaintiff present.
None for defendant.
Advocate for the plaintiff submits that he want to file rejoinder in SJ. Hence, matter adjd to 17.03.2022 for rejoinder in SJ/hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 11.57 a.m.
Adv. Ms. Renu Kadam h/f Adv. Mansi Patel for the defendant present.
KB
L.O. at 12.45 p.m.
Adv. Mr. Ramesh Jain for the plaintiff present.
On oral request of the plaintiff last chance is granted for rejoinder in SJ.
Matter adjd to 30.03.2022 for filing rejoinder in SJ
Next Purpose: REJOINDER
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None present for plaintiff.
None present for defendant.
KB for filing rejoinder.
LO at 12.00 noon,
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendant present.
KB
LO at 12.20 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendant present.
The plaintiff orally requested for time to file rejoinder. Last chance granted. Rejoinder be served in advance.
Matter adjd to for 18.04.2022 filing rejoinder and hearing.
Next Purpose: REJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Vanshika Rai h/f.Adv.Mansi Patel for defendant present.
Inspite of last chance granted the plaintiff failed to file rejoinder. Hence, SJ to proceed without rejoinder.
Matter adjd to 26.04.2022 for SJ hearing.
Next Purpose: HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.50 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Vanshita Rai h/f. Adv.Mansi Patel for defendant present.
Adv.of plaintiff filed draft notice of motion (set aside) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copies of same are received by defendant.
The plaintiff also tendered the rejoinder in SJ. Same is kept for order after decision of notice of motion.
Matter adjd to 04.05.2022 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: None present for plaintiff.
None present for defendant.
KB for tendering NM.
L.O. at 12.19 p.m.
Adv. Vaishali Chavan h/f Adv. Ramesh Jain for the plaintiff present.
Advocate for the plaintiff tendered registered N/M No.1608/2022 along with affidavit in support. t.o.r.
Copy of NM is kept on record for furnishing same to the defendant.
KB
L.O. at 03.00 p.m.
Adv. Vanshika Rai for the defendant present. Copy of NM No.1608/2022 and affidavit in support is received by the defendant. She requested time for filing reply in NM.
Matter adjd to 06.06.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: None present for plaintiff.
Adv Vanshika Rai present for defendant and filed reply NM 1608/22 at Exh.5. She undertakes to serve copy.
K.B.
L.O. at 1.00 p.m.
Adv Ramesh Jain for plff present.
None present for deft.
Matter adjd to 29.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: None Present for Plff.
Adv. Ms. Vanshika Rai Present for Defts.
KB.
LO 12.15 pm.
Adv. Ramesh Jain Present for Plff.
Heard argument both sides on NM 1608/21.
Adj. For Order on NM 1608/21 on 06/07/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None Present for Plff.
Adv. Vanshika Rao Present for Deft.
F.R.S.R. following order passed in NM 1608/22.
1. Notice of Motion No.1608 of 2022 is allowed as under :
2. Plaintiff is allowed to file rejoinder in S.J. No.176 of 2021 till next date.
Adj. For Rejoinder to SJ 176/21 on 27/07/2022.
Next Purpose: REJOINDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Ramesh Jain Present for Plff.
Adv. Vanshika Rai Present for Deft.
Ex.6- As per order on NM 1608/22 plff is allowed to file rejoinder. He has already filed rejoinder with the said NM. It is t.o.r. at Ex.06. Otherside has received copy of rejoinder.
Adv of deft seeks time to file sur-rejoinder to SJ 176/21.
Adj. For Sur rejoinder to SJ 176/21 by deft on 23/08/2022.
Next Purpose: REJOINDER
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present.
KB. LO 1.30.
Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Inspite of many chances deft had not filed sur rejonder to SJ . Hence SJ be proceeded without sur rejoinder.
Adj. For Hearing on SJ 176/21 on 14/09/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None Present for Plff.
Adv. Manasi Patel Present for Deft no. 1 to 6.
Adv of deft has filed draft NM along with affidavit for direction to plff to produce document. Leave granted to register NM. Copy be served upon otherside. Service affidavit be filed.
Adj. For NM returnable and Hearing on SJ 176/21 on 07/10/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Plff in person present and he contended that his advocate out of station for personal work and hence case be adjourn. Granted.
None Present for Deft.
Adj. For filing rejoinder in SJ 176/21 on 31/10/2022.
Next Purpose: REJOINDER
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Rejoinder to SJ 176/21 is already on record at Ex.06.
Heard argument adv of plff on SJ 176/21.
Deft has not tendered registered NM 3685/22.
Adj. For Order on SJ 176/21 and NM 3685/22 returnable on 09/11/2022.
Next Purpose: ORDER
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: None present for plaintiff.
Adv. Jay Chheda for defendant present.
Advocate of defendant tendered registered NM No.3685 of 2022.
Matter is adj to 18/11/2022 for reply on NM No. 3685/2022 and for order on SJ No. 176/2021.
Next Purpose: REPLY
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv Ramesh Jain Present for Plff.
Adv. Jay Chheda I/b Adv.Mansi Patel Present for Deft.
KB LO 2.45 pm.
Adv.Mansi Patel a/w Adv. Jay Chheda Present for Deft.
Exh.7 Advocate of defendant filed application for impounding agreement dtd.18/11/2015, and for opportunity to be heard in summons for judgment. Application to the extent of opportunity to be heard in summons for judgment is allowed. The prayer regarding the impound of document will be considered at the time of order on Summons for Judgment.
Heard argument of advocate of defendant in Summons for Judgment.
F.R.S.R. Following order passed on SJ 176/21.
1. A Summons for Judgment No.176 of 2021 is disposed of as under.
2. Leave to defend the suit is granted to defendants subject to condition that they shall jointly and severally deposit Rs.30,00,000/- within 30 days from the date of this order. If this condition is complied, defendants shall file their written statement within 30 days from the date of deposit.
3. Agreement dtd.16/12/2016 and 19/7/2017 are hereby impounded.
4. Registrar(Civil) is directed to forward the said agreements to the Superintendent of Stamps/Collector of Stamps Mumbai for impounding the same.
5. The Superintendent of Stamps/Collector of Stamps Mumbai (Adjudication Authority) shall adjudicate stamp duty and penalty if any, within 45 days from the date of receipt of said document. Upon adjudication, the said authority shall communicate the order to Registrar(Civil), City Civil Court, Gr. Mumbai with a copy to advocate of plaintiff, defendant No.1 & 2.
6. Plaintiff shall pay amount of stamps duty alongwith penalty if any, within 15 days from the date of receipt of order of Adjudication Authority.
=-=-=-=
Case is adjourned for reply on NM No.3685/22 and compliance of above order.
Next Purpose: REPLY
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Ramesh Jain Present for Plff.
Adv. Jay Chheda I/b Adv. Mansi Patel Present for Deft.
Adj. For Compliance and reply on NM 3685/22 on 19/12/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None Present for Plff.
Adv. Jay Cheeda I/b Adv. Mansi Patel Present for Deft.
KB 1.30 pm.
Adv. Ramesh Jain Present for Plff.
Adv. Jay Cheeda I/b Adv. Mansi Patel Present for Deft.
Adv of deft has not filed WS as per order dt. 18/11/2022 passed below SJ 176/21 within prescribed period of 30 days. Hence suit be proceeded without WS. As far as the NM 3685/2022 is concerned it is regarding the direction to plff to produce loan cum grantee agreement dt.16/12/2016. However the as per the order dt.18/11/2022 below SJ 176/21 plff is directed to impound the said agreement. Hence the purpose of the NM dose not survive. Thus NM 3685/22 stands disposed of.
Adj. For Compliance of order dt. 18/11/2022 by plff and Evidence without WS on 27/01/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Court is on leave. Hence adj.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv. Ramesh Jain Present for Plff.
Adv. Jay Chheda I/b SRA Consuleres Present for Deft.
Adv of plff seeks time for filing evidence without WS.
As per order dt.18/11/2022 passed on SJ 176/21 deft and plff have not complied the said order.
Adj. For Compliance of order dt.18/1//2022 by plff and evidence without WS on 24/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None Present for Plff.
Adv. Jay Chheda I/b SRA Consulere Present for Deft.
Adj. For Compliance of order dt.18/01/2022 by plff and evidence without WS on Compliance on 28/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: 28.06.2023
57
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 869/2021
Adv. Rajesh Bindra h/f Ramesh Jain for plaintiff present.
Adv. Jay Chheda i/b SRA Consulere for defendant present.
Ld. Adv. for plaintiff submitted that, the Advocate on record is held up before Hon’ble High Court therefore matter kindly be adjourned.
Order- Granted as prayed for.
Adjd. to 25/07/2023 for evidence without WS.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Shri. Ramesh Jain for plaintiff present.
Adv. Shri. Jay Chedda for defendant present.
Adv. for plaintiff requested for time to file affidavit of evidence. O- Time granted.
Matter is adj for filing evidence to 05.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: None present for plaintiff.
Adv. Shruthi Dandu i/b SRA Counsuleres def. is present.
Matter is adj for hearing on the point of maintainability of suit as a Commercial Suit which involves Commercial Dispute to 02/09/2023.
L.O at 12.00 p.m.
Adv. Ramesh Jain for plaintiff is present.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: None present for plaintiff.
Adv. Shruthi Dandu i/b SRA Consulers for def. is present.
KB
L.O at 11.47 a.m.
Adv. Ramesh Jain for plaintiff is present.
ORDER
Heard adv. for plaintiff and the defendant on the point of maintainability of the suit as a commercial suit. Ld. adv. fairly admitted that the dispute between the parties is not a “Commercial Dispute” as defined in Sec 2(1)(c) of the Commercial Courts Act, 2015. Therefore, the suit is not triable as a Commercial Suit. In view of the submission on behalf of the Ld.adv for plaintiff, the registry of this court is hereby directed to re-register the suit and assign the matter to some other court other than a Commercial Court. The plaintiff and the defendant are directed to appear before the concerned court on 13.09.2023.
Matter is adj for compliance to 13/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Adv Ramesh Jain for plaintiff present.
Adv Dandu for defendant present.
Matter is adjourned to 14.08.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 13.11.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 01.02.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 11.03.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 16.06.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 03.10.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 28.11.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Adv. Ramesh Jain for plaintiff present and filed draft Ch/s along with supporting affidavit and VP of proposed legal heirs to bring on record legal heirs of plaintiff. Order - Leave granted to register Ch/s.
Matter is adjourned to 20.03.2026 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 29.04.2026 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-04-2026
Date: 29-04-2026
Business: Adv. Ramesh Jain for plaintiff present and tendered registered Ch/s No.383/2026. TOR.
Matter is adjourned to 23.07.2026 for Service affidavit of service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: None for plaintiff. None for defendant.
Plaintiff yet not filed service affidavit in respect of Chamber summons. Plaintiff shall serve ch.s on legal heirs and shall service affidavit on next date without fail.
Matter is adjourned to 29.08.2026 for Affidavit of service of Ch/s.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: Adv. Ramesh Jain for plaintiff is present.
On oral request of Adv. for plaintiff time is granted for filing service affidavit in respect of Ch/s.
Matter is adjourned to 16.10.2026 for Affidavit of service of Ch.s.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 16-10-2026