MADHUBEN GULAB PATELVsShinde Bros.

Date: 05-08-2019
Business: Court is on leave .
Adjd to 13/11/19.
Next Purpose: REPORT
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. P. J. Pandit for plaintiff present.
Adv. Bandhavadekar h/f Adv. Godbole for Deft. no. 1,3,4,5 she filed written statement for D-4 .
Matter is adjd to 07/12/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: As court is on Leave.
Matter is adjd to 31.01.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Prashant Pandit for plff. Present.
Adv.  For deft. Absent.
Matter is adjd to 19.03.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 07.07.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Prashant Pandit I/b Pandit and Associate for the plff. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. t.o.r. marked as Exh-5
Order - Seen and filed.
Matter is adjd to 20.02.2021 for Ex-parte Order.
Next Purpose: ORDER
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: P.O. is on leave.
Matter is adjd to 09.03.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff present.
Defendant and his advocate are absent.
Adv. Jay Pandit for the plff. present.
Ex-parte order passed below Exh-1
Order -  Defendant nos. 1, 3, 4 and 5 were duely served with suit summons but failed to appear within todays of service of writ of summons. Hence, suit to proceed ex-parte against defendant nos. 1, 3, 4 and 5.
Matter is adjd to 17.04.2021 for steps against deft. no. 2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: Due to Covid-19 pandemic.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 17.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: HHJ is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: As Presiding Officer is on leave, hence adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv. Prashant Pandit for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
K.B.
L.O.
Adv. For plaintiff tendered registered Ch/sum no.940/2021.  T.O.R.
Heard Adv. For plaintiff.
ORDER ON CH/SUM NO.940/21
This Ch/sum is taken out for bringing on record legal representatives of deceased plaintiff Gulab Patel.
It is submitted on behalf of applicant that original plaintiff Gulab Patel passed away on 08.07.2021.  Applicant has filed death certificate issued by Municipality Khopoli. I have gone through affidavit in support of Ch/sum.
Suit is for recovery of money.  Right to sue survives. Applicant is widow of deceased plaintiff Gulab Patel.  Ch/sum is filed within limitation.  Hence, following order.
ORDER
1.   Ch/sum No.940/21 is allowed in terms of prayer clause (a), (b) and (c).
2.  Applicant is directed to carry out necessary amendment as provided in schedule-A appended to the Ch/sum within 14 days.
3.     No order as to costs.
4.     Ch/sum No.940/21 is disposed of accordingly.
The matter is adjd for compliance to 27.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv. Pandit for plaintiff present.
Exh.6 - Adv. For plaintiff filed application for extension of time to carry out amendment as per order dated 11.08.2021.
O. - Allowed to carry out amendment as per order dated 11.08.2021.
The matter is adjd for compliance to 21.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: P.O. is on half day leave (First session), hence adjd to 28.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Pandit for plaintiff present.  Plaintiff present.
   Plaintiff submitted that she wants to change her advocate.  Ld. Counsel for plaintiff submitted that he will give no objection for new advocate.  As per plaintiff\''s request, Adv. Pandit is discharged.
    Proceeding sheet shows that on 13.11.2019, deft. nos.1, 3, 4 and 5 appeared.  Deft. no.4 filed the written statement and same is adopted by deft. nos.1, 3 and 5 by filing pursis.  Thus, written statement of deft. nos.1, 3, 4 and 5 is on record on 13.11.2019.  However, it appears that inadvertently, ex-parte order came to be passed against deft. nos.1, 3, 4 and 5 on 09.03.2021.  The        ex-parte order dated 09.03.2021 is required to be set aside as those defendants have already filed their written statement on record.  Therefore, ex-parte order dated 09.03.2021 passed against deft. nos.1, 3, 4 and 5 is set aside.
    Plaintiff\''s advocate filed on record service affidavit regarding service of amended plaint to deft. nos.1, 3, 4 and 5.  T.O.R.
       Plaintiff is directed to take steps as against deft. no.2.
The matter is adjd for taking steps to 11.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv. Nishant Rana for plaintiff present.
Exh.7 - Vakalatnama of Zastriya Attorneys and Legal Consultants is filed on behalf of plaintiff by Adv. Rana.  T.O.R.
The matter is adjd for taking steps against deft. no.2 to 11.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv. Swati Singh for plaintiff present.
Exh.8 - Adv. For plaintiff tendered service affidavit.  T.O.R.
As per service affidavit (Exh.8), deft. no.2 is served with writ of summons but failed to tender it\''s appearance before the Court.  Therefore, suit to proceed ex-parte against deft. no.2.
The matter is adjd for inspection of documents and admission and denial to 27.11.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Nishant Rana for plaintiff present.
Adv. Vaishali Muke for deft. nos.1, 3 and 4 present.
Deft. no.4 present.
Exh.9 - Vakalatnama of Adv. Varsha Ghare is filed on behalf of deft. nos.1, 3 and 4.  T.O.R.
Written statement of deft. nos.1, 3, 4 and 5 filed on 13.11.2019 is marked as Exh.10 today.
(Written statement filed by deft. no.4 is adopted by deft. nos.1,3 and 5. )
Parties are directed to follow provisions of Commercial Courts Act.
The matter is adjd for inspection of documents and admission/denial to 22.12.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: None for plaintiff.
Adv. Vaishali Muke for deft. nos.1, 3 and 4  present.
Deft. no.4 present.
Exh.11 - Adv. For deft. nos.1, 3 and 4 filed pursis intimating that deft. no.5 Vasant Shankar Shinde passed away on 21.08.2019.  T.O.R.
Adv. For deft. nos.1, 3 and 4 sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
The matter is adjd for admission/denial to 24.01.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for admission/denial to 18.02.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: P. O. is on leave.
Hence, matter is adjourned to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.  Deft. no.4 present.
Exh.12 - Adv. For deft. nos.1, 3 and 4 filed statement of admission and denial.  T.O.R.
Exh.13 - Adv. For deft. nos.1, 3 and 4 filed copy of death certificate of deft. no.5 along with list of documents.  T.O.R.
The matter is adjd for steps to 13.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Adv. Vaishali Muke for deft. nos.1, 3 and 4 present.
The matter is adjd for taking steps to 13.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.
Adv. For plaintiff sought time for taking steps.  Time as prayed for is granted.
The matter is adjd for steps to 29.06.2022.
L.O. at 11.40 am.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.
Exh.14 - Adv. For deft. nos.1, 3 and 4 filed pursis.  T.O.R.
The matter is already adjd for steps to 29.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.
Adv. For plaintiff tendered draft N/M.  Leave to register N/M is granted.
Copy thereof is served to Adv. For deft. nos.1, 3 and 4.
The matter is adjd for reply to N/M to 15.07.2022.
L.O. at 12.20 pm.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.
Exh.15 - Vakalatnama of Adv. Bandana Chaurasiya, Adv. Varsha Ghare and Adv. Vaishali Muke is filed on behalf of deft. no.4.  T.O.R.
The matter is already adjd for reply to N/M to 15.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Chinami Ghag for plaintiff present, tendered registered NM No. 2318 of 2022.
Adv. Vandana Chaurasia for deft. present.
The matter is adjd for NM reply to 25-07-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Adv. Varsha Ghare for deft. nos.1, 3 and 4 present.
Adv. For deft. nos.1, 3 and 4 filed reply affidavit of deft. no.1 and reply affidavit of deft. no.4.  T.O.R.
Copies thereof are supplied to Adv. For plaintiff.
Heard both sides on N/M No.2318/22.
The matter is adjd for order on N/M No.2318/22 to 29.07.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Nishant Rana for plaintiff present.
None for defts.
ORDER BELOW N/M NO.2318/22
       This N/M is taken out by plaintiff praying to delete name of deft. no.5 in the array of defendants.
        It is submitted on behalf of plaintiff that deft. no.5 passed away on 21.08.2019.  However, advocate for defendants have informed plaintiff about death of deft. no.5 on 20.05.2022.  Plaintiff, by sending emails to defendants, sought details about the legal representative of deceased deft. no.5.  Adv. For defendants, by filing pursis, stated that deft. no.4 is the legal representative of deft. no.5.  Plaintiffs came to know about the legal representative of deceased deft. no.5 on 20.06.2022.  By making these submissions, plaintiff prayed for deleting name of deft. no.5 and seeking permission to continue suit against deft. no.4, being legal representative of deft. no.5.
         Deft. nos.1 and 4, by filing their reply affidavits, resisted the N/M.  It is submitted that deft. no.5 passed away on 21.08.2019.  However, due to Corona Pandemic SOP, surviving defendants were not able to inform the Court about death of deft. no.5.  Surviving defendants have informed the Court about death of deft. no.5 by filing pursis on 22.12.2021 and death certificate is filed on 23.03.2022.  By making these submissions, deft. no.1 prayed to dismiss the N/M.
     Considered the submissions advanced on behalf of both sides. Suit is filed against deft. nos.1 to 3 partnership firms and their partners.  It is not in dispute that right to sue survives against surviving defendants.  Therefore, present N/M would be governed by Order 22 Rule 2 of C.P.C. which provides as under -
\''2.  Procedure where one of several plaintiffs or defendants dies and right to sue survives. - Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.\''
       Thus, as per Order 22 Rule 2 of C.P.C., an entry regarding death of deft. no.5 is required to be taken and name of deft. no.5 is required to be deleted from the array of defendants.  Plaintiff also prayed for permission seeking further amendments in the plaint. However, schedule of the amendment is not provided along with the N/M.  Therefore, plaintiff is not entitled for the relief of other amendments as prayed in the N/M.  In the result, following order.
ORDER
1.   Plaintiff is permitted to delete defendant No.5 from the array of defendants.
2.   Plaintiff is directed to carry out amendment within 14 days.
3.    No order as to costs.
4.    N/M No.2318/2022 is disposed of accordingly.
The matter is adjd for compliance to 17.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Chinmayee Ghag for plaintiff present.
Plaintiff has carried out amendment as per order dated 29.07.2022.
The matter is adjd for admission and denial to 07.09.2022.
L.O. at 12.45 pm.
Adv. Vandana Chaurasiya for deft. nos.1, 3 and 4 present.
The matter is already adjd for admission and denial to 07.09.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Nishant Rana for plaintiff present.
None for defts.
Ld. counsel for plaintiff submits that deft. nos.1, 3 and 4 have not filed any documents along with their written statement. Therefore, plaintiff is unable to submit affidavit of admission and denial.  This statement of Adv. of plaintiff is taken on record.
Deft. nos.1, 3 and 4 have already filed statement of admission and denial.
The matter is adjd for case management hearing to 16.09.2022.
L.O. at 11.20 am.
Adv. Vandana Chaurasiya for deft. nos.1, 3 and 4 present.
The matter is already adjd for case management hearing to 16.09.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Khushbu Patel for deft. Nos. 1, 3 & 4 present.
Heard Arguments of advocate for defendant.
Advocate Priyanka Pandey for plaintiff present she tendered draft issues t.o.r.
Heard Plaintiff’s advocate.
The matter is adjd for order on Case Management hearing to 28.09.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: As court is vacant.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: The Court is Vacant. Hence, The Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: The Court is vacant. Hence,matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-03-2023

Date: 24-03-2023
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: 21-04-2023

Date: 21-04-2023
Business: As court is vacant.Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: As court is vacant.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Matter received from C.R.No. 14.
None present for parties.
Matter is adj for case management hearing to 30/08/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: None present for parties.
Matter is adj for CMH to 03/10/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv. Smt. Chinmai Ghag i/b. Zastriya attorneys and Legal Consultants for plaintiff present.
None present for defendant.
Matter is adj for Case Management to  25/10/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Nishant Rana  for plaintiff is present.
Adv. Akshada Shinde  for def. nos. 1,3 and 4 is present.
Ex-parte order already passed against def. no. 2.
Heard both the sides on CMS.
Case Management Hearing/ Schedule.
On or before
Business.
13.12.2023
Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
13.12.2023 to 13.02.2024
Evidence of witnesses of plff. ( Chief and Cross examination)
13.02.2024 to 13.04.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 13.04.2024
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavits of witnesses of both the parties to 13/12/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: Adv. Nishant Rana i/b. Zastriya Attorneys and Legal Consultants for plaintiff is present.
Adv. Ajit Mandlik for def. Nos.3 and 4 is present and submitted that defendant No.1 is dead and his only legal heirs are defendant Nos.3 and 4. He prayed for time to file draft issues as the issues are not yet framed.
The learned advocate of plaintiff pointed out that a wrong submission has been made on behalf of defendants. The defendant No.1 is a partnership firm therefore, the defendant Nos.3 and 4 cannot be called as its legal heirs.
Exh.16 Vakalatnama for defendant Nos.3 and 4.
O- The draft issues already presented by the plaintiff are hereby taken on record today and marked as Exh.17. Keep the matter for framing of issues on the next date.
Matter is adj. for issues to 04/01/2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: None present for plaintiff and defendant.
K.B.
L. O. at 12.05 p.m.
Adv. Chinmayee Ghag for plaintiff present.
Adv. A. V. Mandlik for defendants No.3 and 4 is present and filed draft issues. TOR.
Heard, both sides.
Issues are frames. TOR. Marked as Exh.18.
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.
Matter stands Adj for Evidence of plaintiff to 01.02.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: PW 01 Madhuben Gulab Patel present.
Adv Chinmayi Ghag for plaintiff present.
Adv Ajit Mandlik for defendants no. 3 and 4 present.
The plaintiff has filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 20.  O- R and R.
Plaintiff has also filed list of documents. t.o.r. marked as Exh. 21.  O- Seen.
Oath administered to the witness.
She admits the contents of her affidavit of examination-in-chief as true and correct.  It bears her signature.
Heard the Ld. Adv for plaintiff and defendants no. 3 and 4.
Defendants admitted existence of documents at Sr. no. 1 to 5, however denied execution of documents.
Document at Sr. no. 1 is the original copy of bank account passbook of Bank of India marked as Exh. 22.
Document at Sr. no. 2 is the original copy of bank account passbook of Union Bank of India marked as Exh. 23.
Document at Sr. no. 3 is the original copy of bank account passbook of Shamrao Vithal Co. Op. Bank Ltd marked as Exh. 24.
Document at Sr. No. 4 is an original cheque no. 011188 dated 12/05/2016 marked as Exh. 25.
Document at Sr. no. 5 is photocpy of demand notice dated 06/03/2019 along with original postal receipts and acknowledgements marked as Exh. 26.
Plaintiff is directed to serve the affidavit of examination-in-chief to defendants.
Matter stands Adj for Cross-examination on 07/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv Chinmayi Ghag for plaintiff present.
Adv Amey Deshpande for defendant present.
PW 01 absent.
It is submitted that witness is not keeping well.
Hence on oral request, matter stands Adj for Cross-examination on 18/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Adv Nishant Rana for plaintiff present.
PW 01 present.
KB
LO at 12.16 pm
Same appearance for plaintiff.
Adv Ameya Deshpande for defendant present.
He filed draft NM along with affidavit in support of it.
O- Leave to register is granted.  Copy supplied to other side.
Matter stands Adj for NM Reply on 21/06/2024.
Next Purpose: REPLY
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Adv. Nishant Rana Present for plaintiff.
None Present for defendant.
The defendant is directed to tender the registered Notice of Motion on or before next date.
Matter stands Adj for reply on 16-07-2024.
Next Purpose: REPLY
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: Matter pertains to C. R. No.14.
Adv Chinmayee Ghag for plaintiff present.
Defendant No.4 present.
Time extended for two weeks for registration of NM.
Matter stands Adj for Compliance on 25.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Adv Chinmayi Ghag present for plaintiff through VC.
Defendant no. 4 present.
Adv Varsha Ghare for defendant no. 1, 3 and 4 present.
She filed VP. t.o.r. marked as Exh. 27.  O- Seen.
She tendered registered NM 2843/2024. t.o.r.
Heard both sides on NM 2843/2024.
F. R. S. R. following order is passed -
Order
1. Notice of Motion No. 2843/2024 is stands allowed and made absolute in terms of prayer clause (a).
2. The Board Department is directed to re-register the present suit as a regular Summary Suit and allotted to the concerned appropriate Court.
3. Notice of Motion No. 2843/2024 is stands disposed off accordingly.
Matter stands Adj for Appearance on 31/08/2024.
Next Purpose: FOR APPERANCE
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Adv. Chinmai Ghag for plaintiff present on VC.
Adv. Varsha Ghare for defendant No.1, 3 and 4 present.
Defendant No.1 proprietor and 4 present.
Matter is adjourned to 06.11.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Plaintiff present.
Adv. Chinmayee Ghag for plaintiff present
Defendant No.4 present.
Adv. Varsha Ghare for defendants No.1, 3 and 4 present and submitted that defendant No.2 Dinesh Transport is not in existance, whereas defendant No.5 Vasant Shinde is deleted.
Both the parties filed consent terms. Taken on record. It is marked as Exh-28. Adv. Ghag submitted that last payment as per consent terms is to be made before October 2025, hence, prayed for taking the consent terms on record and keep it pending till October 2025.
Matter is adjourned to 24.02.2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: Adv. Varsha Ghare for defendant No.1,3 and 4 present.
Matter is adjourned to 13.06.2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-06-2025

Date: 13-06-2025

CHAMBER SUMMONS/100940/2021
NOTICE OF MOTION/102318/2022
NOTICE OF MOTION/102843/2024

Registration Number: 100528/2024
Transfer Date: 13-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100528/2024
Transfer Date: 28-05-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100528/2024
Transfer Date: 20-07-2021
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100528/2024
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100528/2024
Transfer Date: 22-12-2023
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100528/2024
Transfer Date: 02-08-2024
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 83 - COURT 83 ADDL. SESSIONS JUDGE

Filing Number: 105209/2019
Filing Date: 26-04-2019
First Hearing Date: 05th August 2019
Decision Date: 13th June 2025
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE