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Date: 04-07-2018
Business: Adv. Karima Marotra for the plaintiff present.
None for the Deft. Present.
Matter Adj for the Service Affidavit on 24.08.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Adv. Ms. Pooja Pagale Present for the Plff.
None Present for the Deft.
Ld counsel for the filed service affidavit of writ of summons. t.o.r.
As per service affidavit deft no. 1 and 2 served by RPAD, as per acknowledgement placed on record. When called deft no.1 and 2 absent. Hence suit proceeded Ex-parte Against deft no. 1 and2.
Ld counsel for the plff submitted that, deft no.3 RPAD envelop return back with postal endorsement incomplete address. Hence plff to take necessary steps.
Ld counsel for the Plff filed application for substitute service. t.o.r.
Order- heard due to reason shown plff permitted to serve the writ of summons upon deft no.3 by email as prayed and to file service affidavit.
Adj. For Service affidavit of writ of summons against Deft no.3 on 26/10/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Adv. Pooja Pangale Present for the Plff.
None Present for the Deft. no. 1 and 2 proceeded Ex-parte.
Ld counsel for the Plff filed Service affidavit. t.o.r.
Ld counsel for the Plff filed original writ of summons. t.o.r.
as per service affidavit deft no.3 served by Email Id, when called deft no.3 absent. Hence suit proceeded Ex-parte against deft no.3.
Adj. For Ex-parte Evidence on 18/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: HHJ is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: None Present for the Plff.
None Present for the deft. No1,2,3 Proceeded Ex-parte.
None appeared for the Plff. No evidence adduced. Hence kept for order of dismissal on 20/04/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Adv. Ms. Pooja Pangle Present for the Plff.
None Present for the deft. no. 1,2,3 Proceeded Ex-parte.
LD counsel for the plff submitted that defts have agreed to settle the matter and making part payment hence sought time for taking necessary steps. Matter is already for DID order.
Hence Kept for DID and settlement on 02/08/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Arun Awale for plaintiff present.
Suit proceeded exparte against defendants.
Suit is kept for dismissal order. However Ld. Counsel for plaintiff submitted that defendant has paid some amount and now he is not coming forward for final settlement. Considering his submission suit is taken out from dismissal caption and kept for filing evidence affidavit.
Matter adjd for exparte R/E on 18/09/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Neeraj for plaintiff present.
Suit proceeded ex-parte against deft.
Matter Adj to 17/01/2020 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Pooja Pangle for plff is present.
Suit already proceeded ex-parte against deft.
On the request of Ld. Advocate for plaintiff matter is adjourned for evidence.
Matter adjd for Ex-parte Evidence on 27/03/2020 at 11.00 am
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: National Lock Down
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Advocate Narendra Devansh for plaintiff is present and requested short adjournment for evidence. Request is allowed.
None present for defendant.
Adjourned for (ex-parte) evidence to 22.01.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Narendra Devansh for plaintiff present.
None for defendant
Exh. 6 - evidence affidavit of PW -1 Arun Pansari.
Exh. 7 - List of documents. In view of evidence of PW - 1 Following documents are exhibited -
Exh. 8 - True copy of Power of Attorney dtd. 26-06-2015 of Arun Mahabir Pansari, the Constituted Attorney of the plaintiff.
Exh. 9- Office Copies of the Invoices and Excise Invoices
Exh. 10 - Certified copies of Dishonoured Cheque and Bank Memo.
Exh. 11 - Copy of the case status of Cr. Case No. 167 of 2017, which is pending before 6th Court of Metropolitan Megistrate, Mazgaon (Sewree), Mumbai.
Exh. 12 - Certified copy of office copy of the Notice sent by plaintiff\''s Advocate, dtd. 05-01-2017.
Exh. 13 - Certified copy of Original Postal Receipt.
Exh. 14 - Certified copies of original acknowledgement cards.
It is notice that as mentioned in para 9 of evidence
affidavit in Exh. 6 , defendants has made part payment of
Rs. 4.50 Lakhs during pend ency of the suit. Adv. Devansh
for plaintiff prayed for short date to carry out amendment
in plaint.
Matter is adjd.to 05-02-2021 for evidence P.H..
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Ram kutwal for plaintiff , submitted draft C/S. Leave is granted to register the C/S.
None for defendant.
Matter is adjd.to 10-02-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Both parties and their advocates are absent when called out.
In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and notesheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 10-03-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Narendra Devvansh for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 16.04.2021 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Mr. Devansh for Plaintiff present and filed drat Ch/s. With
Ch/s. 291/21 Affidavit in support and seeks leave to register the same. Leave granted.
None present for Defendant.
Heard Ld. Advocate for Plaintiff on Chamber Summons. It appears no need to issue notice to Defendants as the suit proceeded Ex-parte and the amendment sought is formal one, taking note of the subsequent event of the payment made by the Defendants during pendency of the suit. As there is no substantial amendment in the pleading is being made, the Chamber Summons is disposed off with a direction to the Plaintiff to submit the pursis on record giving the details of the payment made by the Defendants during the pendency of the suit. The Plaintiff shall bring it to the notice of the court at time of Final arguments of the suit.
Exh. 15 Plaintiff filed pursis. The suit is proceeded further for admitting the documents in evidence.
Matter adj. to 29/10/2021 for Ch/s. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court is Vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: COURT IS VACANT.
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: C/S REPLY
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Matter called out at 3.47 pm
Adv Narendra Devansh for plff present
None for Defendant
Noting dated 24.08.2021 shows that Ch/s 291/2021 is disposed off on the said date. It be shown disposed off in CIS.
Matter is adjd on 13.09.2022 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Matter called out at 12.13 pm
Adv Aanchal Jain for plff present
None for defendant
Adv for plff seeks to file written arguments. However, evidence close pursis is still not filed. Time is granted.
Adv for plff tendered Written arguments t.o.r marked as Exh 16
Adv for plff tendered Evidence close pursis t.o.r. marked as Exh 17
Matter is adjd on 18.11.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Matter called out at 11.25 am
Adv Narendra Devansh for plff present
None for defendant
Heard argument of adv for plff.
Matter is adjd on 25.11.2022 for Judgment
Next Purpose: JUDGMENT
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Matter called out at 11.18 am
Adv Narendra Devansh for plff present
None for defendant
K.B. for order
L.O. at 4.54 pm
The matter is for judgment. Plaintiff has filed the suit by claiming that plff is partnership firm registered under the provisions of Partnership Act. However, no documents to that effect are on record. Adv for plff is absent. The clarification regarding status of the plff is necessary before proceeding to pass the judgment. Therefore, adv for plff to clarify the above aspect.
Matter is adjd on 17.12.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Matter called out at 11.32 am
Plff present
Adv Aanchal Jain for plff present
None for defendant
K.B. L.O. at 1.33 pm
Adv for plff tendered application for production of documents t.o.r. marked as Exh 18
O- Production is allowed.
Matter is adjd on 02.02.2023 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv.Achal Jain for plaintiff present.
Certified copy of deed of partnership is marked as Exh. 19.
Matter is listed for judgment.
Matter is adjd on 15-02-2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: partly decreed
Nature Of Disposal: PARTLY DECREED
Disposal Date: 15-02-2023Filing Number: 105727/2018 Filing Date: 19-04-2018 First Hearing Date: 04th July 2018 Decision Date: 15th February 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No.391 of 2021. Exh. 18 MHCC010052762018 Presented on : 19042018 Registered on : 13062018 Decided on : 15022023 Duration : 4 Y, 9 M, 26 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.391 OF 2021. Exh. 18. Rohit & Company. ] A Partnership Firm duly registered under ] the provisions of Indian Partnership Act 1932 ] Having its office at ] B2,1003, Marathon…
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No.391 of 2021. Exh. 18 MHCC010052762018 Presented on : 19042018 Registered on : 13062018 Decided on : 15022023 Duration : 4 Y, 9 M, 26 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.391 OF 2021. Exh. 18. Rohit & Company. ] A Partnership Firm duly registered under ] the provisions of Indian Partnership Act 1932 ] Having its office at ] B2,1003, Marathon…
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