Date: 03-02-2021
Business: By Praecipe
Adv Ieecha D. Pokale I/b Adv Vinod Naik for defendant no.1 present.
Ex.02 Ld adv for defendant no.1 filed praecipe t.o.r. O- Allowed to take case on todays board from 15-02-2021.
Ld Adv for defendant no.1 filed draft notice of motion along with affidavit t.o.r. O- Heard Ld Adv for defendant no.1. Leave granted to register NM. Copy be served to other side. Affidavit of service be filed.
Matter adjd for tendering original registered NM along with affidavit and affidavit of service to 15-02-2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Sankalpa Anantwar for plaintiff present.
Adv. Ieecha D. Pokale I/b Adv Vinod Naik for deft no.1 present.
Today matter is for NM hearing.
Adv for defendant no.1 tendered original registered NM no. 338 of 2021 along with affidavit t.o.r.
Adv for defendant no.1 filed service affidavit of NM t.o.r. O-Seen.
LdAdv for plaintiff submits that service report of defendant no.2 is awaited.
Ld adv for plaintiff filed NM reply in handwriting on NM itself.
Heard both advocate in NM no. 338 of 2021.
Matter adjd for NM order to 05-04-2021.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present.
Court is busy in dictating order in NM no. 1086 of 2018 in Summary suit no. 1442 of 2017 and other matter.
Matter adjd for NM order to 23-04-2021.
Next Purpose: NM ORDERS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None present.
Court is busy in dictating order in NM 2476 of 2019 in Summary suit no. 1391 of 2017.
Matter adjd for NM order to 07-05-2021.
Next Purpose: NM ORDERS
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Date: 30-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 11.08.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None for plaintiff.
Adv. Aniket Tawde h/f. Adv. Vinod Naik for deft. no.1 present.
ORDER IN N/M NO.338/2021
This N/M is taken out by deft. no.1 praying to condone delay of three days in filing appearance before this Court.
It is submitted by deft. no.1 that summons were served upon him on 22.01.2021. Due to pandemic, he could not contact advocate on record immediately. He ought to have appeared before the Court on or before 01.02.2021 but he appeared before the Court on 03.02.2021. He prayed to condone delay of three days in causing appearance before the Court.
Plaintiff by filing his say submitted no objection for condoning the delay in appearance of deft. no.1. Considering the principles of natural justice and say of plaintiff, it would be expedient to condone the delay caused in appearance of deft. no.1. Hence, following order.
ORDER
1. N/M no.338/2021 is allowed in terms of prayer clause (a) and delay of deft. no.1 in entering an appearance before the Court is condoned.
2. Appearance of deft. no.1 is taken on record.
3. No order as to costs.
4. N/M no.338/2021 is disposed of accordingly.
K.B.
L.O.
Exh.3 - Vakalatnama filed on behalf of deft. no.1 by Adv. Tawde. T.O.R. O. - Filed.
The matter is adjd for summons for judgment to 17.09.2021.
L.O. at 03.45 pm.
Adv. Sankalp Anantwar for plaintiff present.
The matter is already adjd for summons for judgment to 17.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Risha Alva i/b. SMA Law Partners for plaintiff present.
Adv. Aniket Tawde for deft. no.1 present.
Adv. For plaintiff submitted draft S/J. Leave to register and serve S/J is granted.
Copy of draft S/J is served to Adv. for deft. no.1.
The matter is adjd for reply to S/J to 27.09.2021.
Next Purpose: REPLY
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Risha Alva i/b. SMA Law Partners for plaintiff present.
Adv. Vinod Naik along with Adv. Ieecha Pokale for deft. no.1 present.
Adv. For plaintiff tendered registered S/J No.108/21. T.O.R.
Exh.4 - Adv. For plaintiff filed pursis for deleting deft. no.2.
ORDER BELOW EXH.4
Plaintiff does not want to proceed as against deft. no.2. Contents in the pursis are verified, read and recorded. Plaintiff is permitted to delete deft. no.2 from the array of defendants. Plaintiff to carry out necessary amendment.
Exh.5 - Adv. For deft. no.1 filed reply affidavit to S/J no.108/21. T.O.R.
Copy thereof is served to Adv. For plaintiff.
The matter is adjd for hearing on S/J to 07.10.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: P.O. is on leave. Hence, Matter Adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None for plaintiff.
Adv. Heta Patel for deft. present.
K.B.
L.O. at 03.45 pm.
Adv. Sankalp Anantwar along with Adv. Risha Alva for plaintiff present.
Adv. Vinod Naik for deft. present.
By consent, the matter is adjd for hearing on S/J to 17.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Risha Alva for plaintiff present.
Intern Vallari Dinkar of Adv. of deft. present.
By consent, the matter is adjd for hearing on S/J to 23.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Sankalp Anantwar for plaintiff present.
Intern Rutuja Joshi of Adv. of deft. present. She submits that Adv. For deft. is busy in Hon\''ble High Court. She sought adjournment for hearing on S/J. On oral request on behalf of deft., the matter is adjd for hearing on S/J as a last chance to 26.11.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Sankalp Anantwar for plaintiff present.
Adv. Heta Patel for deft. present.
On oral request of Adv. For deft, the matter is kept back.
L.O. at 04.15 pm.
Adv. Vinod Naik for deft. present.
Adv. Sankalp Anantwar for plaintiff present.
Heard arguments of Adv. For plaintiff on S/J No.108/21.
Adv. For deft. sought time for arguing on S/J. Time as prayed for is granted.
The matter is adjd for hearing of deft. on S/J to 30.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Sankalp Anantwar for plaintiff present.
Adv. Vinod Naik for deft. present.
Heard arguments of Adv. For deft. on S/J No.108/21.
The matter is adjd for order on S/J No.108/21 to 06.12.2021.
Next Purpose: ORDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Tushar Gaikwad for plaintiff present.
Adv. Vinod Naik for deft. present.
F.R.S.R. following order is passed on S/J No.108/21 -
ORDER
1. Defendant No.1 shall deposit a sum of Rs.12,94,851/-(Rs.Twelve Lacs, Ninety Four Thousand, Eight Hundred and Fifty One only) in Court within a period of 10 weeks from today. If this condition is compiled with, defendant No.1 is granted leave to defend the suit and he shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant No.1 within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
3. There shall be no order as to costs.
4. S/J No.108/21 is disposed of accordingly.
The matter is adjd for compliance to 14.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Intern Rutuja Joshi for Adv. for deft. no.1 present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for compliance to 16.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Tushar Gaikwad for plaintiff present.
Adv. Navnath Devkate h/f. Adv. Vinod Naik for deft. no.1 present.
Exh.6 - Application for taking on record receipt of deposit of amount.
O. - Deft. no.1 has deposited an amount of Rs.12,94,851/- on 14.02.2022 in compliance of order dated 06.12.2021 passed in S/J No.108/21. Copy of receipt filed by deft. no.1 is taken on record.
The matter is adjd for filing written statement to 11.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Tushar Gaikwad along with Adv. Pratik Kadav h/f. Adv. Sankalp Anatwar for plaintiff present.
Adv. Vinod Naik for deft. no.1 present.
Exh.7 - Adv. For plaintiff filed application for withdrawal of amount deposited by deft. no.1.
O. - Other side to say.
Copy of application (Exh.7) is served to Adv. For deft. no.1.
Ld. counsel for deft. no.1 submitted that deft. no.1 has already deposited an amount of Rs.12,94,851/- as per order of the Court dated 06.12.2021. He sought time for filing written statement till 24.03.2022.
As per order dated 06.12.2021, deft. no.1 can file written statement within 30 days of depositing the amount. Amount is deposited on 16.02.2022. Deft. no.1 wants further time for filing written statement till 24.03.2022. As deft. no.1 has complied the order dated 06.12.2021, time to file written statement is granted till 24.03.2022.
The matter is adjd for written statement of deft. no.1 and reply to Exh.7 to 24.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: None for plaintiff.
Adv. Vinod Naik for deft. no.1 present.
Exh.8 - Adv. For deft. no.1 tendered written statement along with affidavit. T.O.R.
O. - Read and recorded.
Exh.9 - Adv. For deft. no.1 filed reply to application (Exh.7). T.O.R.
K.B.
L.O. at 03.00 pm.
Adv. Pratik Kadav h/f. Adv. Sankalp Anantwar for plaintiff present.
Adv. Dev Gupta h/f. Adv. Vinod Naik for deft. no.1 present.
Copies of written statement and reply to Exh.7 are served to Adv. For plaintiff.
The matter is adjd for hearing on Exh.7 to 22.04.2022.
Next Purpose: HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Sankalp Anantwar along with Adv. Pratik Kadav for plaintiff present.
Heard Adv. For plaintiff on Exh.7.
K.B. L.O. at 01.25 pm.
Adv. Vinod Naik for deft. no.1 present.
Heard Adv. For deft. no.1 on Exh.7.
The matter is adjd for order on Exh.7 to 04.05.2022.
Next Purpose: ORDER
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Sankalp Anantwar along with Adv. Pratik Kadav for plaintiff present.
Adv. Sneha Sonawane h/f. Adv. Vinod Naik for deft. no.1 present.
ORDER BELOW EXH.7
Heard both sides.
Plaintiff prayed for withdrawal of an amount of Rs.12,94,851/- deposited by deft. No.1 in pursuance to the order of this Court passed in S/J No.108/21. Plaintiff submits that due to Covid-19 pandemic, plaintiff is facing severe financial losses. It has become extremely difficult for plaintiff to manage his debts, liabilities and other financial commitments. By making these submissions, plaintiff prayed to allow him to withdraw aforesaid amount deposited by deft. No.1.
Deft. No.1, by filing its say, strongly resisted the application. It is submitted that suit is filed on the basis of bogus invoices which were not acknowledged by deft. No.1. Deft. No.1 has disputed his liability. Covid-19 pandemic has adverse impact on all the stakeholders including deft. No.1. Therefore, that cannot be a ground to permit plaintiff to withdraw the aforesaid amount. By making these submissions, deft. No.1 prayed to dismiss the application.
Considered the submissions advanced on behalf of both sides. As per order dated 06.12.2021 passed in S/J No.108/21, conditional leave to defend the suit was granted to deft. No.1 on depositing aforesaid amount. In compliance of said order, deft. No.1 deposited aforesaid amount on 16.02.2022. Now, plaintiff is seeking permission to withdraw said amount.
Deft. No.1 has disputed his liability. During the course of arguments, it was specifically asked to ld. Counsel for plaintiff whether plaintiff is ready to give bank guarantee, if plaintiff is permitted to withdraw the amount. Ld. Counsel for plaintiff submitted that plaintiff is not in a position to give bank guarantee.
As discussed supra, deft. No.1 was directed to deposit aforesaid amount as a condition for leave to defend the suit. Deft. No.1 has disputed its liability. Rival contentions regarding entitlement of amount deposited by deft. No.1 can be decided after giving opportunities of adducing evidence to both parties. Therefore, it would not be just and proper to allow plaintiff to withdraw the aforesaid amount. Hence, application (Exh.7) is rejected. No order as to costs. Application (Exh.7) is disposed of accordingly.
The matter is adjd for filing affidavit of admission and denial to 14.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. Pratik Kadav i/b. Adv. Sankalp Anantwar for plaintiff present.
Adv. Sneha Sonawane for deft. no.1 present.
Both parties prayed time for filing affidavit of admission and denial. Both parties are directed to file affidavit of admission and denial on next date without fail.
The matter is adjd for admission/denial to 28.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Risha Alva along with Adv. Tushar Gaikwad i/b. SMA Law Partners for plaintiff present.
None for deft.
Exh.10 - Vakalatnama of SMA Law Partners is filed on behalf of plaintiff. T.O.R.
Exh.11 - Adv. For plaintiff tendered pursis. T.O.R.
Adv. For plaintiff submitted that deft. no.1 has not filed documents along with written statement. Therefore, plaintiff is unable to file affidavit of admission and denial.
K.B.
L.O. at 02.00 pm.
Adv. Dev Gupta along with Adv. Vinod Naik for deft. no.1 present. He submits that deft. no.1 has sought inspection of the documents filed by plaintiff. He prayed for two weeks time for filing affidavit of admission and denial. Time as prayed for is granted as a last chance.
The matter is adjd for admission/denial to 12.07.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Tushar Gaikwad for plaintiff present.
None for deft.
K.B.
L.O. at 01.10 pm.
Adv. Risha Alwa for plaintiff present.
Adv. Vinod Naik for deft. no.1 present. Deft. no.1 present.
Adv. For deft. no.1 submits that he has taken inspection of documents yesterday. He prayed for two days time for filing affidavit of admission/denial. Considering the reason stated by Adv. For deft. no.1, adjournment as prayed for is granted as a last chance.
The matter is adjd for admission/denial to 15.07.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None for plaintiff.
Adv. Jigna Shah for deft. No.1 present.
Exh. 12 - Adv for deft no 1 tendered statement of admission denial. t.o.r.
deft no 1 is directed to file affidavit of admission denial as per the provision of commercial act.
The matter is adjd for filing affidavit of admission denial to 29-07-2022.
LO at 11.45 am
Adv. Pratik Kadav for plaintiff present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Pratik Kadav i/b. SMA Law Partners for plaintiff present.
None for deft.
K.B.
L.O. at 12.10 pm.
Adv. Jigna Shah for deft. no.1 present. Deft. no.1 present.
Exh.13 - Adv. For deft. no.1 tendered affidavit of admission and denial. T.O.R.
The matter is adjd for case management hearing to 17.08.2022.
L.O. at 12.15 pm.
Adv. Pratik Kadav for plaintiff present.
Copy of affidavit of admission and denial of deft. no.1 is given to Adv. For plaintiff.
The matter is already adjd for case management hearing to 17.08.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Sankalp Anantwar for plaintiff present.
Adv. Navnath Devkati for deft. no.1 present.
Heard both sides on case management hearing.
K.B.
L.O. at 04.00 pm.
Exh.14 - Issues settled.
Issues are settled today. Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1. Parties are directed to submit list of witnesses within 20 days.
2. After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 45 days.
3. After submitting evidence affidavits, cross examination of plaintiff and witnesses of plaintiff shall be completed within 45 days and thereafter, cross examination of defendant no.1 and witnesses of defendant no.1 shall be completed within next 45 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note if they failed to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
The matter is adjd for filing list of witnesses to 05.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Risha Alva i/b. SMA Law Partners for plaintiff present.
Exh.15 - Adv. For plaintiff tendered list of witnesses. T.O.R.
The matter is adjd for evidence to 23.09.2022.
L.O. at 01.05 pm.
Adv. Vinay Dubey i/b. Adv. Vinod Naik for deft. no.1 present.
The matter is already adjd for evidence to 23.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022
Date: 23-09-2022
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. Sankalp Anantwar i/b SMA Law partners for plaintiff present.
Plaintiff in person present.
Adv. Jigna Shah i/b adv. Vinod Naik for defendant present. Defendant no1 in person present.
Matter is referred to Lok Adalat by consent of both parties and advocates for both parties.
Adjd for Lok Adalat to 12/11/2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Matter pertains to C.R.No.14
Adv. Risha Alva a/w Adv. Jonas Thomas i/b SMA Law Partners for plaintiff present.
Defendant in-person present.
Exh.16 - Application for withdrawal of suit.
Exh.17 - Award.
Order below Exh.01
In view of application vide Exh.16 and Exh.17. The plaintiff intends to withdraw the matter. Hence the suit is disposed of as unconditionally withdrawn. No order as to costs. Court fees if any be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-11-2022