Date: 02-03-2021
Business: Adv. Ms. Sonal for plff. present.
Adv. Mr. Paras Vira for def. Present.
Adv. for the plff filed an affidavit of service t.o.r. marked as Exh. 3.
Adv. for defendant has already filed Valalatnama today it is marked as Exh. 4.
Matter is adjd for steps on 01.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv.Mahajan for the plff present.
She tendered original S/J Leave granted to register the S/J.
Matter adjd.to 21/06/2021 for reply to S/J
Next Purpose: REPLY
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Court is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is Vacant.
Matter is adjd to 16.10.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per circular declared holiday
Next Purpose: REPLY
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv Sonal for plaintiff present tendered registered Summons for Judgment No. 58/21 along with affidavit in support. TOR.
Adv Paras N Vira for defendant present and filed affidavit of defendant in reply to SJ. TOR. O- It is to verify whether limit is within limitation.
Matter is adjd to 15.01.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Plaintiff and Defendant is present.
Adv. Paras Vira for the defendant is present.
Filed draft notice of motion alongwith affidavit support. T.O.R.
O- Leave granted to register.
Matter is adjd for SJ hearing to 08.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present for Plaintiff.
S/J 58/21 None present for Defendant.
Matter adj. to 12/04/2022 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: P.O. is on training
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Jitendra Gupta h/f. Adv. Preeti Gada for Plaintiff present.
Adv. Paras Veera for Defendant present.
Arguments heard of both sides on draft N.M.
Order
1. Draft Notice of Motion is hereby allowed in terms of prayer clause (a).
2. Defendant is permitted to file reply.
3. Draft Notice of Motion is disposed off accordingly.
4. Draft Notice of Motion is registered for statistical purpose.
Matter adjourned to 28.09.2022 for Reply to SJ.
Next Purpose: REPLY
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: As Court busy in arguments and dictating order in Summons for Judgment No.39 of 2014 hence, matter adjourned to 05.12.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv.Sumeet Tirthani for plaintiff present. He filed affidavit in rejoinder to SJ No.58/2021. T.O.R.
None for defendant.
As Court is busy in dictating Judgment in SC 24/2020 and argument in SC 672/19, hence second session board is discharged.
Matter is adj to 13/02/2023 for reply on SJ.
Next Purpose: REPLY
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: As Court time is over, remaining second session board is discharged.
Matter is adj to 20/03/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for the parties.
Matter is adj to 06/07/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Jitendra Gupta i/b Preeti Gada for plaintiff is present and prayed for adjournment. Defendant counsel has no objection. Adjournment is granted.
Adv. Mayur Sonavane h/f Adv. Paras Vira for defendant is present.
Matter is adj to 11.12.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining afternoon board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 12.02.2024 for summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Adv. Priti Gada for plaintiff is present and filed List of documents along with original documents. Taken on record. It is marked as Exh-5. Copy of list of documents is supplied to other side.
Adv. Paras Vira for defendant is present.
Matter is adj to 07.03.2024 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv Preeti Gada for plaintiff is present.
Adv. Mittal Vira for defendant is present and requested for short date for argument.
Matter is adj to 10.04.2024 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
Adv. Paras Veera for defendant is present.
Keep back.
Later on at 1.17 pm
Adv. Preeti Gada for plaintiff is present.
Adv. Paras Veera for defendant is present.
Heard counsel for both sides on summons for judgment No.58/21.
Matter is adj to 26.04.2024 for filing citations.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff is present
Adv. Preeti Gada for plaintiff is present and filed application for production of documents along with list of document and documents. Taken on record. They are marked as Exh-6 and 7 respectively. O-Other side to say.
Adv. Mittal Veera for defendant is present.
Keep back
Later on at 1.22 pm
Adv. Preeti for plaintiff is present.
Adv. Mittal Veera for defendant is present and submitted say on application Exh-6 itself.
Order below Exh-6
Heard both the parties. The plaintiff wants to file original documents on record. The defendant have objected the application. It appears that plaintiff is filing the translated copy of the promissory note and original office copy of demand notice along with postal card. Hence, application Exh-6 is allowed.
Counsel for the defendant also filed list of citations. Taken on record.
Heard counsel for both sides on Summons for judgment.
Matter is adj to 08.05.2024 for further argument/order on Summons for judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Priyanshi Trevadia h/f Adv. Paras Vira for defendant is present.
FRSR following order is passed on SJ No.58/21
Order
1.Summons for judgment No. 58/2021 is disposed off as follows-
(a)Defendant is granted conditional leave to defend the suit subject to depositing Rs.1,50,000/- in the Court within one month.
(b)After depositing said amount, defendant is entitled to file his written statement on record within next 30 days.
2.Summons for judgment No. 58/2021 is disposed off accordingly.
Matter is adj to 22.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person present and his advocate are absent.
Adv. Paras Vira for defendant is present.
It appear that defendant has not complied the order passed on 19/06/2024 on SJ No. 58/2021. Hence, plaintiff is directed to take further steps.
Matter is adj to 23/09/2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 07.11.2024 for taking steps.
Later on at 1.22 pm
The plaintiff in person is present.
Adv. Priti Gada for plaintiff is present.
Matter is adj to 07.11.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present and filed pursis informing that defendant has not deposited amount along with non-deposit certificate. Taken on record. It is marked as Exh-8 and 9 respectively.
Matter is adj to 10.12.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
Defendant in person is present and submitted that he wants to settle the matter and also want to engage new advocate. Hence, requested for adjournment. Adjournment is granted
Matter is adj to 24.12.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv. Preeti Gada for plaintiff is present.
Defendant is present.
Keep back.
Later on at 12.29 pm
Plaintiff is present.
Adv. Preeti Gada for plaintiff is present and requested for adjournment to file documents. Adjournment is granted.
Defendant is present.
Heard final argument of counsel for plaintiff.
Matter is adj to 17.01.2025 for filing documents and argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present and filed an application for production of documents along with list and documents. Taken on record. It is marked as Exh-10 and 11 respectively. O-Production is allowed. Copy served to other side.
Defendant is present.
Adv. Maulik N. Chheda for defendant is present and filed Vakalatnama. Taken on record. It is marked as Exh-12. He also filed an application for adjournment. Taken on record. It is marked as Exh-13.
Heard final argument of counsel for plaintiff.
Matter is adj to 05.02.2025 for hearing by defendant/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Defendant is present.
Adv. Maulik N. Chheda for defendant is present
Keep back.
Later on at 12.27 pm
Plaintiff is present.
Defendant is present.
Adv. Maulik N. Chheda for defendant is present u/s 151 of CPC. Taken on record. It is marked as Exh-14. O-other side to say. Copy served to other side
Matter is adj to 14.02.2025 for filing say on Exh-14.
Next Purpose: REPLY
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv. Vanshika Mahajan for plaintiff is present and filed reply to Exh-14. Taken on record. It is marked as Exh-14A.
The defendant and his counsel are absent.
Plaintiff is directed to serve copy of reply to Exh-14 to defendant.
Matter is adj to 28.02.2025 for hearing on Exh-14.
Next Purpose: HEARING
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff and his adv absent.
Defendant is present and requested to adjournment as his advocate is unable to attend the court. Adjournment is granted.
Matter is adj to 11-04-2025 for Hearing on Exh.40.
Next Purpose: HEARING
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv Maulikn Chheda for defendant present.
KB.
L.O. at 12.35 P.M.
Adv. Vanshika Mahajan for plaintiff present.
Adv Maulikn Chheda for defendant present.
Heard both parties on application Exh-14.
Matter is adj to 30.04.2025 for order on Exh.14.
Next Purpose: ORDER
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Vanshika Mahajan for plaintiff is present.
Order below Exh-14
Perused application, reply and record of the case. Heard both parties. It is contention of defendant that order is passed on Summons for judgment No.58/21 on 19.06.2024 and conditional leave was granted to defend the suit, subject to depositing an amount of Rs.1,50,000/- within a period of one month. It is further contention of defendant that he is a senior citizen and due to financial difficulty, he could not deposit said amount. It is further submitted that erstwhile counsel of defendant informed him that he has to challenge said order before Hon'ble Bombay High court. However, due to financial condition, he could not challenge the said order. Further, there is delay to take out this application as erstwhile counsel had not given no objection to file Vakalatnama of new counsel. On 17.01.2025, new counsel appeared on behalf of defendant and filed present application to condon delay as well as to seek extension of three months time to deposit amount of Rs.1,50,000/- in three installments. On the other hand, it is argued on behalf of plaintiff that application filed by defendant is not maintainable as order on Summons for judgment is appealable order. Further, the time to deposit amount expired on 20.07.2024 and defendant failed to comply order dated 19.06.2024. Further, plaintiff has filed non-deposit certificate. Therefore, he is entitled for judgment and decree. The defendant has filed this application only to drag the proceeding.
It is pertinent to note that order on Summons for judgment No.58/21 is passed on 19.06.2024, after hearing both the parties. Defendant was granted conditional leave to defend that suit subject to depositing Rs.1,50,000/- within one month. Admitedly, defendant failed to comply order passed on Summons for judgment No.58/2021. Even, plaintiff has non-deposit certificate. Defendant ought to have challenge said order on Summons for judgment and prefer appeal. However, he has filed his application under Order-151 of Civil Procedure Code. It is settled law that if there is remedy application under section 151 of Civil Procedure code is not maintainable. In the present case remedy with defendant was to challenge order on Summons for judgment by way of appeal. Further, present application is filed on 05.02.2025, whereas order on Summons for judgment is passed on 19.06.2024. Defendant is claiming three months extension to comply order dated 19.06.2024. It is pertinent to note that more than three months time has been passed. Moreover, defendant has not made out sufficient, cogent and satisfactory ground to grant extension of time to comply the order dated 19.06.2024. Hence, I proceed to pass following order
Order
Application at Exh-14 is hereby rejected.
Matter is adj to 23.06.2025 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present and submitted that matter is already argued.
The defendant and his counsel are absent.
Matter is adj to 04.07.2025 for argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Keep back.
Later on at 1.15 pm
The defendant and his counsel are absent.
Defendant is given last chance to argue the matter.
Matter is adj to 14.08.2025 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
The defendant and his counsel are absent.
Matter is adj to 03.09.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back
Later on at 12.15 pm
Adv. Preeti Gada for plaintiff is present.
Ex-parte Judgment is marked as Exh-15
FRSR following order is passed
Order
1.The Summary Suit No. 23 of 2021 is decreed with costs.
2.The defendant shall pay to the plaintiff an amount of Rs. 2,10,500/-(Rupees Two Lakhs Ten Thousand Five Hundred only).
3.The plaintiff is entitled to simple interest on the amount of Rs.1,50,000/- at the rate of 7 percent p.a. from 24/11/2020 i.e. the date of filing the suit till its full realization.
4.The plaintiff may be entitled to get refund of the court-fees paid, if any, provided for in rules.
5.The decree shall be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-09-2025