Date: 28-08-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv.Mr. Laxman Jain for Plaintiff present.
Adv. Mr. Damania for Defendant present.
Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of documents.
Exh.5- Affidavit of service filed by plff. Summons is served on deft on 10.08.2019.
Exh.6- V/P of Adv. Mr. Harshal Damania filed by deft.
Matter is adjd.for W.S. on 18.10.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Mr. Laxman Jain for plaintiff
Adv. Mr. Harshal Damania for defendant
Exh. No. 7 W/S filed by defendant, copy is served on plaintiff.
Matter Adjd. for draft issues on 23/10/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Mr. Ranjeet Carvalho for plaintiff, submits that present suit is summary suit and not commercial suit, prayed for adjd. to file proper application to transfer this suit to the summary court.
Adv. Ms. Gulista for defendant present.
Exh.8- Draft issues filed by deft., copy supply to plff.
Matter is adjd. for steps on 18.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Ranjit Carvalho for Plaintiff present.
Adv. Harshad Damania for Defendant present.
Exh.9 Appln. by plaintiff.
Copy served on defendant.
On oral request of defendant, adjd. to 10/12/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Carvor for Plaintiff present.
Adv. Harshad Damania for Defendant present.
Draft issues tendered by plff.
Copy served on defendant.
Adjd. for Issues to 13/1/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present.
Both the parties are requested adjournment for file list of witnesses. Hence, matter adjourned for framing issues to 29.01.2020.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Advocate Mr. Jain for plaintiff is present.
He tendered list of witness by plff.
Ms. Dubash for deft present.
List of witness tendered by plff.
List of witness tendered by deft. Copy served on otherside.
Issues framed.
Adjd for filing evidence to 05/02/2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Mr. Jain for plaintiff is present and requested short adjournment. Request is allowed subject to short date.
Advocate Mr. Damania for defendant is present.
Adjourned for evidence of plaintiff to 28.02.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Plff. and its advocate are present.
Advocate for defendant is present.
P.W.1 files his affidavit evidence at Exh.13.
List of documents at Exh.14.
Affidavit in support of list of document is at Exh.15.
Copy served on the defendant.
Adjourned for filing reply on list of documents of the plaintiff at Exh.14 on 07/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present and filed reply at Exh. 16 to compilation (Exh. 14)
Adjourned for hearing on compilation (Exh. 14) to 23.03.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate Mr. Ranjeev Carvalho a/w Advocate Laxman Jain for plaintiff is present.
None present for defendant.
On perusal of the record it appears that till this date the schedule is not fixed. It requires to fix the schedule as per Commercial Court Act.
Adjourned for case management hearing to 15.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Advocate Mr. Laxman Jain for plaintiff is present and tendered application at Exh. 17 about case management hearing.
None present for defendant.
It is hereby directed to the defendants to argue on case management on next date. Otherwise, necessary order will be passed.
Adjourned for case management hearing to 06.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Laxman Jain for plaintiff , submits that schedule of hearing be fixed as plaintiff has communicated by email to defendant vide Exh. 17.
Advocate Pradeep Jain for defendant , submits that Adv. Harshad Damania is not available, prayed for short adjournment r/o 07-01-2021.
Both side to note to argue positively on marking the documents and to decide to schedule of case hearing.
Adjournment is granted at the convenience of defendant.
Matter is adjd.to 07-01-2021 for Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Ranjeev Carvalho for plaintiff present.
Advocate Pradeep Jain for defendant is present.
Ld. Adv. Carvalho for plaintiff submits that originals of all documents from compilation vide Exh. 14 require to be compared as plaintiff may need originals for other purposes being valuable documents. All originals are brought by the plaintiff.
Plaintiff to get the documents verified from Assistant Superintendent of the Court.
Both sides have prayed for adjournment to file case management schedule.
Matter is adjd.to 29-01-2021 for case management
hearing/marking the documents.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Ranjeev Carvalho for plaintiff present.
Adv. Harshad Damania for defendant is present.
Heard both side on document vide Exh. 14. Adv. Damania
submits that serial no. 1 and 2 may be called from the
M.M. Court. Serial no. 3 to 6, 9 and 10 are verified. To the
extent of other documents, contents are denied but
existence of document is not disputed.
Hence, In view of evidence of PW -1 , following
documents are marked -
Exh. 18 - Certified true extract of Resolution dtd. 05-01-
2019.
Exh.19 - Copy of certified copy of the bank statement and
a copy of the certificate dtd. 06-09-2019 from Lakshmi
Vilas Bank, Andheri Branch.
Exh.20 - Original deed of Mortgage dtd. 10-11-2015.
Exh.21 - Original letter dtd. 10-11-2015 of depositing title
deeds of suit property by defendant.
Exh.22 - Original Option Agreement dtd. 10-11-2015.
Exh.23 - Original Power of Attorney dtd. 10-11-2015 by
defendant in favour of plaintiff.
Exh. 24 - Office copy of the Adv. letter dtd. 30-01-2019
for exercising the option agreement and purchase of suit
property addressed to defendant.
Exh. 25- Office copy of the Adv. letter dtd. 30-01-2019
calling upon the defendant to repay the said amounts.
Exh. 26 - Original returned envelop with the remarks
refused of the letter for exercising the option agreement
and purchase of suit property addressed to Defendant.
Exh. 27 - Original returned envelope with the remarks
refused of Adv. letter dtd. 30-01-2019 called upon the
defendant to repay the said amount.
Exh. 28 - Application submitted by defendant for time to
file affidavit of all witnesses. - Heard Adv. Damania -
defendant to conduct cross examination of PW - 1,
positively on next date and kept affidavit of witnesses
ready on next date i.e. 12-02-2021.
After 12-02-2021, both side to ready to appear for twice in
a week. Outer limit of the suit is fixed to disposed off
within 45 days from today.
Both side to submit schedule of hearing.
Matter is adjd.to 12-02-2021 for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Mr. Laxman Jain for plaintiff present.
Adv. Harshad Damania for defendant, prayed for adjd to file evidence affidavit of deft and then for cross-examination of PW-1.
PW-1 Mr. Tushar Zaweri is present.
Matter is adjd.to 25.02.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. Ranjeev Carvalho for plaintiff present.
Adv. Mr. Harshal Damania for defendant, submits that in view of direction given last roznama, deft is filling following four evidence affidavit. At the relevant time he will call witnesses before the court.
Exh.29- Affidavit of DW-1 Smt. Pinky Homi Patrawala.
Exh.30- Affidavit of DW-2 Homi Patrawala .
Exh.31- Affidavit of DW-3 Vispi Homi Patrawala.
Exh.32- Affidavit of DW-4 Chandrakant Rayappa Imman.
Copies of Exh.29 to 32 given to plff.
Cross-examination of PW-1 was recorded below Exh.13.
Matter is adjd.to 04.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Mr. Laxman Jain for plaintiff, submits that in view of question asked in cross-examination, PW-1 may request for re-examination. Today PW-1 is not feeling well, prayed for short adjd.
Adv. Ms. Anita Pandey for defendant present.
Matter is adjd.to 09.03.2021 for R/E(P.H.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: PW No. 1 Tushar Zhaveri is present.
Adv. Laxman Jain along with Adv. Ranjeet Carvlo for plaintiff present provided copy of memorandum of association and articles of association to defendant.
Adv. Gulestan Dubhash along with Adv. Damania for defendant present.
At the request of both side matter is adjournment.
Matter is adjd.to 16.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Laxman Jain a/w adv. Carvahlo for plaintiff present.
Adv. Ms. Anita Pandey a/w adv. Damania for defendant present.
PW-1 Tushar Zaveri is present- Re-examination.
Exh.33- List of documents submitted by plff.
Exh.34- Evidence close pursis filed by plff.
PW-1 Tushar Zaveri, cross re-examination completed by Adv. Mr.Harshal Damaina for Deft.
Plff has closed the evidence, affidavit of deft. are already on record, the case management hearing is fixed as follows in consultation with both side ld advs.
Cross-examination of DW-1 to DW-4 from 30.03.2021 to 03.04.2021.
Arguments of both side in the week of 5th April, 2021.
Judgment within two weeks from conclusion of argument, prior to 30th April, 2021.
Matter is adjd.to 30.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Mr.Laxman Jain a/w adv.Mr. Carvahlo for plff present.
Adv. Mr. Damania for defendant present.
Exh.35- Application submitted by plff. to close evidence of deft.- It is replied by adv. Mr. Damania for deft. that due to Covid precaution, none witness came out from the house. It is replied by adv. Mr. Jain for that he is ready for cross-examination via Video.
Deft to bring any one witness on 06.04.2021, and provide schedule of remaining witnesses, to be examined either in person or through video conference.
Matter is adjd.to 06.04.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv Mr. Laxman Jain for plaintiff, prayed for adjournment as witness is unable to attend, due to Covid restriction on transportation.
Adv Harshad Damaniya for defendant present.
Matter is adjd.to 08.06.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As per Office order No. 106/21 dtd. 14-06-2021, all the court shall remain closed all Saturday i.e. 03-07-2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv. Dhawani Jain for plaintiff present.
Matter is adjd.to 02-08-2021 for R/E P.H (Cross of DW-1).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Laxman Jain for plaintiff present and filed applications for deletion of paragraphs in D.W. 1 and D.W. 2 t.o.r. marked as Exh. 36, Exh. 37.
None for defendant.
Adjd to 09-08-2021 for Reply on Exh. 36, Exh. 37.
Next Purpose: REPLY
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Laxman Jain for plaintiff present and filed copy of email send to Yogesh Adhia t.o.r.. He submitted that soft copy of application dtd. 02-08-2021 are forwarded to the defendant through email. - submission is t.o.r.
None for defendant
Matter is adjd.to 09-09-2021 for Reply on Exh. 36 an37
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Laxman Jain for plaintiff present.
Adv. Anita Pande h/f Adv. Harshal Damania for the defendant present and received copies of Exh-36 and 37.
Matter is adjd.to 18.10.2021 for reply on Exh-36 and 37.
Next Purpose: REPLY
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Laxman Jain for plaintiff present.
Adv. Pradeep Jain for defendant present and submitted that there is possibility of settlement and matter may be adjourned.
Matter is adjd.to 24-01-2022 for reply on Exh. 36 & 37
Next Purpose: REPLY
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. Jitendra Jain for plaintiff present.
Adv. Harshad Damania for defendant present.
Matter is adjd.to 17-02-2022 for reply on Exh.36 and 37.
Next Purpose: REPLY
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Laxman Jain for plaintiff present.
None for defendant
Last chance is given to the defendant for giving reply to Exh. 36 and Exh. 37.
Matter is adjd.to 10-03-2022 for reply on Exh. 36 & 37.
Next Purpose: REPLY
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Laxman Jain for plaintiff present.
None for defendant.
As the defendant fail to file reply on Exh. 36 and Exh. 37, both applications are kept for hearing without reply
Matter is adjd.to 25-03-2022 for Hrg on Exh. 36,37.
Next Purpose: HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Ranjeev Carvalho a/w Lxman Jain for plaintiff present.
None for defendants.
Heard Ld. Adv. Adv. Ranjeev Carvalho for plaintiff on Exh. 36 and Exh. 37.
Matter is adjd.to 01-04-2022 for Order on Exh. 36 and
Exh. 37. (4.00 pm)
LO
Adv. Ashraf Qureshi for defendant present.
Next Purpose: ORDER
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Laxman Jain for plaintiff present.
Adv. Harshal Damania for defendant present and filed adjournment application t.o.r. and marked as Exh.38
Heard Adv. Harshal Damania for defendant on Exh. 38.
Considering the stage of the matter and aspect of settlement mentioned in para 2 of Exh. 38, short date be given in the matter.
Matter is adjd.to 13-04-2022 for order on Exh. 36 and
Exh. 37.
Next Purpose: ORDER
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Laxman Jain for plaintiff present.
None for defendant.
Matter is adjd.to 27-04-2022 for order on Exh. 36 and
Exh. 37
Next Purpose: ORDER
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Laxman Jain for plaintiff present.
None for defendant
Order below Exh. 36 and Exh. 37 -
It is contention of the defendant that para numbers 6,10,16 and 17 in evidence affidavit of DW - 1 Pinky (Exh. 29) and para numbers 6,9,10,15 and 16 in evidence affidavit of DW - 2 Homi (Exh. 30) are inadmissible and can not be read in evidence and the same are liable to be struck off. Ld. Counsel Shri. Ranjeet Carvalho for plaintiff pointed out additions in evidence affidavits which are beyond pleading in written statement. He also relied upon three citations i.e. 1. Harish Loyalka and Ors. Vs. Dileep Nevatia and Ors. MANU/MH/0429/2014, 2. Rasiklal Manikchand Dhariwal and Another Vs. M. S. S. Food Products (2012)2 SCC 196 and 3. Harakchand Gulabchand Dhoka Vs. Kashinath Narsingh Marathe 2010 SCC Online Bom 78.
I have gone through pleadings, evidence affidavits and above referred citations. As part of argument and conjecture was made part of evidence in these citations, the parties were permitted to ignore the same. Though there are certain excesses and variations in evidence affidavits, they are not required to be struck off. It is for the reason that question of admissibility of these portions in evidence can be argued by the parties at the time of final argument. Mini trial is not required to be conducted at the stage of recording evidence by appreciating part of evidence and by recording findings as to its evidentiary value. There is vast difference in evidence adduced by the defendant in the case in hand and those of citations. Hence, applications Exh. 36 and Exh. 37 are rejected.
Matter is adjd.to 08-06-2022 for cross examination of
PW-1 on Exh. 13.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Laxman Jain for plaintiff present.
Adv. Harshal Damania for defendant present.
Mr. Tushar Javeri, Representative of Plaintiff present.
Exh-39 Application for withdrawal filed by adv. for plaintiff. O- Director of company namely Tushar Javeri is present with his advocate. Defendants advocate is present. Plaintiff company wants to withdraw suit. Hence plaintiff permitted to withdraw suit.
Exh-40 Certified copy of authority letter. T.O.R
Order passed below Exh.1
In view of order passed at Exhibit 39, the suit stands disposed off as withdrawn. The parties to bear respective costs. The Court Fee be refunded to the plaintiff as per rule.
Detailed order passed on Exh.1
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-06-2022