Date: 08-02-2021
Business: Adv.Bharati Sharma for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of service of summons, Exh.2 t.o.r.
Defendant no.2 is served.
Draft notice of motion a/w. affidavit in support of draft notice of motion filed by Adv. of plaintiff t.o.r.
Defendant No.1 and 3 not served. Plaintiff to take steps.
Matter adjd to 04.03.2021 for argument on draft NM.
LO
Defendant no.2 Mr.Narendrasingh Deora present.
Matter already adjd to 04.03.2021 for argument on draft NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: BY PRECIPEE
Adv.Mr.Rajesh Bindra for plaintiff present and filed application for matter taken on today\''s board, Exh.3 t.o.r.
Application for issuance of summons to the defendants filed by Adv. of plaintiff t.o.r.
Issue summons to the defendants in terms of prayer clause (b) of the application.
Matter adjd to 04.03.2021 for draft NM argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None for defendant present.
Adv. Rajesh Bindra for plaintiff present.
Draft notice of motion be registered the plaintiff to served the copy of draft notice of motion to the defendant.
Matter adjd to 01/04/2021 for service of notice of motion on defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv. Rajesh Bindra and Adv. Bharti Sharma for plaintiff is present.
he filed registrar N.M No. 776/2021. Copy be served to defendant. He also filed two Affidavit of service. TOR
None for defendant.
Matter adjd to 03/04/2021 for steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Plaintiff present.
Adv.Rajesh Bindra for plaintiff
None present for defendant.
Application for issuance of summons under order V, Rule 20 (1-A) of CPC, Exh.7 t.o.r.
Matter adjd to 17.04.2021 for order on Exh.7.
Next Purpose: ORDER
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.04.2021
Next Purpose: ORDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 14.06.2021 for order on Exh.7.
Next Purpose: ORDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 02.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for order on Exh.07
Next Purpose: ORDER
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Adv.Almas Sati for plaintiff present.
None present for defendant.
KB
LO at 01.52 pm
None present.
Matter adjd to 30.07.2021 for order on Exh.7.
Next Purpose: ORDER
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: PO is on Leave.
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv.Bharti Sharma h/f. Adv.Rajesh Bindra for plaintiff present.
None present for defendant.
KB
LO 12.20 pm
Adv.Bharti Sharma h/f. Adv.Rajesh Bindra for plaintiff present.
KB
LO at 01.12 pm
Adv.Bharti Sharma h/f. Adv.Rajesh Bindra for plaintiff present and filed application, Exh.8 to serve notice of motion under order V, Rule 20 and 20(1-A) of CPC t.o.r.
ORDER BELOW EXH.8
Read the postal endorsements in respect of the defendant No.1 and 3 at Exh.E and B filed with service affidavit dated 08.02.2021. Suit summons have been refused by the defendant Nos.1 and 3. Hence, defendant Nos.1 and 3 are appears to have said addresses as their residential or business addresses. Hence, notice on them issued on said addresses by pasting and paper publication, as it appears that the defendant Nos.1 and 3 are avoiding the service.
ORDER BELOW EXH.7
Read the postal endorsements in respect of the defendant No.1 and 3 at Exh.E and B filed with service affidavit dated 08.02.2021. Suit summons have been refused by the defendant Nos.1 and 3. Hence, defendant Nos.1 and 3 are appears to have said addresses as their residential or business addresses. Hence, writ of summons be issued on said addresses by pasting and paper publication, as it appears that the defendant Nos.1 and 3 are avoiding the service.
Matter adjd to 08.09.2021 for compliance and service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Matter pertains to Cr. No. 32
Adv. Rajesh Bindra for plaintiff present and filed two service affidavits t.o.r. and marked as Exh.9 colly.
Two bailiff reports received from office t.o.r. and marked as Exh.10 colly.
Adv. Condrakant Ambani for Defendant No. 2 present and filed V/P. t.o.r. and marked as Exh.11
Adjd for written statement of Defendant No. 2 and NM reply as well as Ex-parte order against defendant No. 1 and 3 to 24.09.2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Rajesh Bindra for plaintiff present.
Defendant No.1 and 3 present.
KB
LO at 12.30 pm
Adv.Rajesh Bindra for plaintiff present.
Adv.Vinod Naik h/f.V.N.Naik and Co. for defendant No.1 and 3 present.
Adv.Chandrakant Ambani for defendant No.2 present.
Defendants present.
Matter adjd to 20.10.2021 for reply to NM and written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.03 pm,
Adv.Rajesh Bindra for plaintiff present.
Defendant No.1 and 3 present.
KB
LO at 12.43 pm,
Adv.Rajesh Bindra for plaintiff present.
Adv.Vinod Naik for defendant No.1 and 3 present.
The defendant requested for time to file reply and WS.
The defendant No.1 and 3 undertakes to serve the copy of reply in advance to the plaintiff.
The defendant No.2 appeared on 08.02.2021 as per the roznama. He failed to file written statement. Hence, suit to proceed without written statement of defendant No.2.
Matter adjd to 09.11.2021 for filing reply to NM/argument and WS.
Next Purpose: REPLY
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv.Rajesh Bindra for plaintiff present.
Adv.Chandrakant Ambani i/b.V.N.Naik and Co. for defendant No.1 and 3 present.
Adv.Chandrakant Ambani for defendant No.2 present.
The defendant No.1 and 3 filed written statement, Exh.15 and statement of truth, Exh.16 t.o.r. It is keep for order subject to consideration of delay.
The defendant No.1 and 3 have not filed reply to the notice of motion. Hence, notice of motion to proceed without their reply. The Ld.Adv.for defendant No.1 and 3, the Ld.Adv.for deft.No.2 submits that the defendants want to file notice of motion for condonation of delay in filing written statement. The Ld.Adv.for defendant No.2 also wants to file reply to notice of motion.
The defendant No.2 undertakes to serve copy of notice of motions and reply to the plaintiff well in advance before next date by speed post.
Matter adjd to 03.12.2021 for filing of notices of motion in respect of delay condonation and reply to NM by deft.2.
Next Purpose: REPLY
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: None for plaintiff.
Ad. Poonam Garde h/f Adv. U. K. Naik for defendants no. 1 and 3 present and filed written statement on behalf of defendant no.3.t.o.r. and marked as Exh.17.He also filed statement of truth t.o.r. and marked as Exh.18.
Matter is already adjd. to. 17.12.2021.
Next Purpose: REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Rajesh Bindra a/w.Adv.Bharti Sharma for plaintiff present.
Defendant No.2 present.
Adv.Chandrakant Ambani i/b.V.N. Naik and Co. for defendant No.2 present.
Defendant No.2 filed application for condonation of delay, Exh.19, written statement, Exh.20 a/w.
statement of truth, Exh.21. All are kept for order subject to delay.
Defendant No.2 shall file notice of motion for condonation of delay.
Adv.for plaintiff pointed out that written statement,Exh.15 has been filed by defendant No.1 only. However, in roznama dated 09.11.2021 it is mentioned as filed by defendant No.3 also. Perused written statement, Exh.15 it is filed by defendant No.1, hence, it be considered accordingly.
The Ld.Adv.for the plaintiff submits that copy of written statement, Exh.17 filed by defendant No.3 is not received, hence, defendant No.3 to furnish copy to plaintiff.
Matter adjd to 14.01.2022 for hearing of NM and filing of NM by deft.2 and compliance by deft.3.
Next Purpose: HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 01.02.2022 for hearing of NM and filing of NM by deft. 2 and compliance by deft. 3
Later on 11.50a.m.
Adv Mr. Bindra for plaintiff plantiff present.
Matter is already on 01.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Bharati Sharma h/f.Adv.Rajesh Bindra for plaintiff present.
Mr.Narendra Deora, defendant No.2 present.
KB
LO at 11.53 pm,
Adv.Rajesh Bindra for plaintiff present.
Mr.Narendra Deora, defendant No.2 present.
Heard the plaintiff on NM No.776/2021.
In view of SOP dated 06.01.2022, matter adjd to 15.02.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Bharati Sharma h/f.Adv.Rajesh Bindra for plaintiff present.
None present for defendant.
KB
LO at 12.24 pm,
Defendant No.1 and 3 a/w. their advocates are absent.
Defendant No.2 present.
Adv.Rajesh Bindra for plaintiff present.
Adv.Chandrakant Ambani for deft.No.2 present.
The plaintiff tendered reply to Exh.19 t.o.r. and marked as Exh.22.
Copy of same received by the defendant No.2 with endorsement.
Heard Ld.adv.for plaintiff and Ld.Adv.for deft.No.2 on Exh.19.
The plaintiff filed application for striking defense of deft.No.1 and 3 t.o.r. and marked as Exh.23. O-Deft.No.1 and 3 to say.
Adv. for deft.No.2 submits that contentions in the written statement shall be considered as reply to NM No.776/21. Heard the Ld.adv.for deft.No.2 in NM No.776/21. No argument of deft.No.1 and 3.
F.R.S.R. following order is passed
ORDER BELOW EXH.19
1. Application at exhibit-19 is allowed.
2. Delay in filing written statement by defendant No.2 is condoned.
3. Written statement filed by defendant No.2 is taken on record and marked as Exh.24.
Matter adjd to 23.02.2022 for order in NM 776/21.
Judge
LO at 12.46 pm,
Adv.Navnath Devkate i/b. V.N. Naik and Co. for defendant No.1 and 3 present. He appeared after passing of no argument order against defendant No.1 and 3. Hence, he shall take necessary steps.
Matter adjd to 23.02.2022 for order in NM 776/21.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: N.O.B.T.O.B. (BY PRECIPEE)
Adv.Vinod Naik for defendant No.1 and 3 present. He filed application for taking case on today\''s board. It is taken on record and marked as Exh.25. O-Allowed to take the matter on today\''s board.
The Adv.for defendant No.1 and 3 filed application for setting aside order of no argument by defendant No.1 and 3 in NM 776/21. It is taken on record and marked as Exh.26.
O-Otherside to say.
Matter already adjd to 23.02.2022 for Say on Exh.26.
Next Purpose: REPLY
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv.Rajesh Bindra for plaintiff present.
Adv.Navnath Devkate h/f.V.N.Naik and Co. for defendant No.1 and 3 present.
Mr.Narendra Singh Deora, defendant No.2 present.
The advocate for defendant No.1 and 3 received copy of Exh.23. Endorsement to that effect is made on Exh.23.
KB
LO at 01.03 pm,
Adv.Rajesh Bindra for plaintiff present.
Adv.Vinod Naik h/f.V.N.Naik and Co. for defendant No.1 and 3 present.
Copy of application Exh.26 is served personally today by deft.No.1 and 3 to the plaintiff. The defendant No.1 filed reply in NM 776/21. Keep for order after decision of Exh.26. Copy of same is received by the plaintiff.
The advocate for defendant No.3 served copy of written statement of deft.No.3 Exh.17 to the plaintiff today. Endorsement to that effect is made by the pltff. below Exh.17.
Read the roznama dated 17.12.2021, the written statement of defendant No.2 was exhibited as Exh.20. However, after order on Exh.19 the written statement is exhibited as Exh.24. Hence said Exh.24 is stated as cancelled and written statement of defendant No.2 shall be considered as exhibited as Exh.20.
Matter adjd to 01.03.2022 for say on Exh.23 and Exh.26/order in NM 776/21.
Next Purpose: REPLY
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Plaintiff Mr. Tejmal J. Darbar in person is present.
Defendant No.2, Mr. Narendra Singh Deora in person is present.
KB
L. O. at 12.55 p.m.
Adv. Mr. Rajesh Bindra for the plaintiff present.
Adv. Mr. Vinod Naik for defendant Nos.1 and 3 present.
Advocate for the defendant Nos.1 and 3 filed reply to application at Exh.23. t.o.r. and marked as Exh.27. Copy of same is furnished to the plaintiff.
The advocate for the plaintiff filed hand written reply on application Exh.26.
The plaintiff tendered draft Notice of Motion along with affidavit in support of. O- Leave granted to register NM.
Heard arguments of the plaintiff and defendant Nos.1 and 3 on application Exh.26.
Matter adjd to 19.03.2022 for order in NM No.776/21/order on Exhibit-26/hearing on application Exh.23 and reply in NM (imposing costs in delay).
Next Purpose: HEARING
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.10 pm,
Adv.Rajesh Bindra for plaintiff present.
Adv.Vinod Naik for defendant No.1 and 3 present.
Mr.Narendra Singh, defendant No.2 in person present.
The plaintiff filed registered NM No.771/2022 a/w. affidavit in support t.o.r.
The defendant No.2 in person present but not filed reply to NM No.771/2022. Hence, notice of motion No.771/2022 to proceed without reply.
KB
LO at 05.20 pm,
As Court is busy in dictating judgment in Com. SU No.1014/2021 and Com.SU No.476/2020 and order in Com.SU 109/2021, hence, matter adjourned.
Matter adjd to 06.04.2022 for order in NM No.776/21/order on Exh.26/hearing on application Exh.23 and hearing on NM No.771/22.
Next Purpose: ORDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv.Rajesh Bindra for plaintiff present.
None present for defendant.
KB
LO at 12.00 noon,
Adv.Rajesh Bindra for plaintiff present.
Adv.Chandrakant Ambani for defendant No.2 present.
Heard the plaintiff and deft.No.2 in NM No.771/2022.
The plaintiff filed compilation of documents in Exh.23 t.o.r. and marked as Exh.28. Copy of same is kept on record for furnishing it to the defendant No.1 and 3.
KB for orders.
LO at 02.45 pm,
Adv.Sneha Sonawane h/f.Adv.Vinod Naik for defendant No.1 and 3 present.
F.R.S.R. following order is passed
ORDER
1. Notice of Motion No.771 of 2022 is dismissed.
2. Costs shall follow the event.
F.R.S.R. following order is passed on Exh.26
ORDER
1. Application at exhibit-26 is allowed subject to costs of Rs.2000/-(Rupees Two Thousand Only).
2. \''No argument\'' order passed against defendant Nos.1 and 3 on 15.02.2022 in Notice of Motion No.776/2021 is set aside accordingly.
3. The reply of defendant No.1 in Notice of Motion No.776/2021 is taken on record.
Matter adjd to 30.04.2022 for compliance by deft.1 and 3 of order on Exh.26 and hearing of Exh.23, order in NM 776/21.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: CORAM H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
Matter pertains to CR No.32. (In-charge of CR No.32)
Adv.Rajesh Bindra for plaintiff present.
Defendant Nos.1 and 3 present.
Defendant No.2 in person present.
Adv.Sneha Sonawane h/f.Adv.Vinod Naik for deft.No.1 and 3 present.
As per order below Exh.26 defendant No.1 and 3 paid costs of Rs.2,000/- to the plaintiff\''s advocate.
Reply of defendant No.1 and 3 to NM No.776/21 is already filed on record.
Defendant No.2 filed application for adjournment and submitted that matter be kept after 15th of June 2022. Ld.Counsel for plaintiff submits that he is pressing notice of motion No.776/21 and said notice of motion is taken out against defendant No.1 and 3. Adv.for defendant No.2 is not required to appear for hearing on NM No.776/21, therefore, matter is not required to adjourn till 15.06.2022. Accordingly application is filed.
Matter adjd for hearing on Exh.23 and hearing on NM No.776/21 on 04.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Mr. Rajesh Bindra present for plaintiff.
Adv. Ms. Sneha Sonwane h/f Adv. Mr. Vinod Naik present for defendant Nos.1 and 3.
None present for defendant No.2
The reply of defendant No.1 in NM No. 776/2021, is taken on record as per the order dated 06.04.2022, passed on exh.26. Said reply is marked as exh.30. Copy of same is already received by the plaintiff.
KB
L.O. at 01.22 p.m.
Adv. Mr. Rajesh Bindra present for plaintiff.
Adv. Ms. Sneha Sonwane h/f Adv. Mr. Vinod Naik present for defendant Nos.1 and 3.
Heard the ld. advocate for the defendant Nos.1 and 3 and rejoinder argument of the plaintiff in NM No.776/2021
Matter adjd to 22.06.2022 for order on NM No.776/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None Present for Plff.
Adv. Jigna Shah I/b Vinod Naik Present for Deft no.1 and 3.
LO 12.34 pm
Adv. Rajesh Bindra Present for Plff.
Adj. For Argument of NM 776/21 on 04/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Rajesh Bindra Present for Plff.
Adv. Vinod Dubey I/b Adv. Vinod Naik Present for Deft no.1 and 3.
None Present for Deft no.2.
Heard argument of adv of plff.
Adv of deft no.1 and 3 seeks time for hearing on NM.
Adj. For Hearing on NM 776/21 by deft on 30/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None Present for Plff.
Adv. Geeta Chatawe Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. For hearing NM 776/21 to 20/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Rajesh Bindra Present for Plff.
Adv. Vinod Naik Present for Deft no. 1 and 3.
Deft no.3 present.
Adv of deft no.1 and 3 seeks time for hearing on NM 776/21 on the ground that his mother lost in August 2022. Adv of plff strongly opposed to adjourn the matter for hearing on NM 776/21 as the same is pending for hearing since 2 years. Considering the ground mentioned by the adv of deft last chance granted to advance hearing on NM 776/21.
Adj. For Hearing on NM 776/21 on 01/10/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Ankit Sawant H/f Adv. Rajesh Bindra Present for Plff.
Adv. Vinod Naik Present for Deft no.1,3.
Deft no.1 and 3.
Heard argument adv of deft no.1,3.
Adj. For Order on NM 776/21 on 14/10/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Rajesh Bindra Present for Plff.
None Present for Deft.
F.R.S.R. following order passed on NM 776/21.
Notice of motion no. 776/2021 stand rejected.
Adj. For Hearing on Ex.23 on 15/11/2022.
Next Purpose: HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Rajesh Bindra Present for Plff.
Adv. Vinod Naik Present for Deft no.1,3.
Adv. Chandrakant Ambani Present for Deft no.2.
Deft no.2 is present.
Heard argument adv of both parties on Ex.23.
F.R.S.R. Following order is passed below Ex.23.
Application Exh.23 stands rejected.
Adj. For Admission and denial and draft issues 09/12/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Rajesh Bindra Present for Plff.
None Present for Deft.
Adv of plff contended that yesterday deft has taken inspection of the documents of plff. He also contended that deft informed him that he will give inspection of documents in next week. Thus he prayed for time to file admission and denial. Adj. Granted.
Adj. For Admission denial and draft issues as a last chance on 12/01/2023.
LO 12.15.pm.
Adv. Vinod Naik Present for Deft no.1 and 2.
Adj. For Admission denial and draft issues as a last chance on 12/01/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Alamas h/f Adv. Rajesh Bindra Present for Plff.
Adv. Priyanka Chavan h/f Adv. V. N. Naik Present for Deft no.1 and 3.
adv of deft no.1 and 3 seeks time for filing admission and denial. Granted as a last chance.
Adj. For Admission and denial on 08/02/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv Almas h/f Adv. Rajesh Bindra for plaintiff present.
Adv Priyanka Chavan h/f Adv. V. N. Naik for defendant present.
L. O. at 1.30 p.m
Adv. Rajesh Bindra for plaintiff present.
Adv Priyanka Chavan h/f Adv. V. N. Naik for deft. no.1 present.
Exh.30 & 31 affidavit of admission and denial of defendant no. 1
Exh.32 & 33 Affidavit of admission and denial of defendant . no.3. Copy be served to otherside.
Exh.34. Adv of plaintiff filed application for baring from relying upon documents- other side to say. Copy be served to otherside.
Case adjourned for reply on Exh. 34 and admission and denial of defendant no.2 and plaintiff to 13.03.2023.
Next Purpose: REPLY
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Almas Sati h/f Adv. Rajesh Bindra for plaintiff present.
None present for defendant.
KB till 12.30 p.m.
Adv. Almas Sati h/f Adv. Rajesh Bindra for plaintiff present.
Defendant no.2 present.
Adv. Anand Bhosale h/f Adv. Vinod Naik for defendants no.1 and 3 present.
Adv.of defendants no. 1 and 3 seeks time for filing reply on Exh.34 and defendant no.2 contended that his advocate not available today.
Case adjd for reply on Exh.34, admission and denial of defendant no.2 to 10.04.2023.
Next Purpose: REPLY
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Rajesh Bindra Present for Plff.
None Present for Deft.
LO 1.05 pm.
Defendant no.1 alongwith his Adv. Priyanka Chavan h/f Adv. Vinod Naik for Defendant Nos. 1 and 3 present and seeks time to file reply to application Exh.34. However, advocate of defendant Nos.1 and 3 has not mentioned any specific reason for the time to file reply. Hence, his request is rejected. Thus, application Exh.34 be proceeded without reply.
Adj. for Hearing on Exh.34 and admission and denial on 06/06/2023.
Next Purpose: HEARING
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: 06.06.2023
05
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 02/2021
Adv. Priyaka Chahvan h/f Adv. V. N. Naik for Defendant no. 1 and 3 present.
None present for plaintiff.
K.B.
LO. at 12.40pm
Adv. Bharti Sharma for plaintiff present.
Adv. Priyaka Chahvan h/f Adv. V. N. Naik for Defendant no. 1 and 3 present. She requested to Keep back the matter as defendant no. 1 and 3 wants to file application on record.
K.B.
L.O.at 1.45 pm
Same appearance.
Defendant no. 1 and 3 present.
Adjd to 20/06/2023 for reply on Exh 34 and for filing of NM.
Judge
Next Purpose: REPLY
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Matter pertains to C.R. No. 32
Plaintiff side called but absent.
Adv. Vinod Naik present for defendant No. 1 and 3. He filed draft Notice of Motion along with affidavit on behalf of defendant No. 3. Leave granted to register it.
Copy served to the plaintiff advocate.
Matter adjourned to 28.06.2023 for NM returnable and reply.
Next Purpose: REPLY
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: 28.06.2023
56
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 2/2021 @ NM 2191/2023
Adv.Bharti Sharma h/f Rajesh Bindra for plaintiff present.
Adv. Vinod Naik for defendant no. 1 and 3 present.
Ld. Adv. for deft. no. 1 and 3 tendered registered NM 2191/2023.
Ld. Adv. for Plaintiff filed reply to NM 2191/2023.
Copy of reply served on defendant no. 1 and 3.
Adjd. to 20/07/2023 for hearing on NM 2191/2023.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Adv. Rajesh Bindra for plaintiff is present.
None present for defendant nos. 1 to 3.
Heard Ld advocate of plaintiff on NM No. 2191/2023.
O- Ld advocate for defendants is hereby directed that on the
next date he shall make his submissions on NM No.
2191/2023 otherwise the NM No. 2191/2023 will be
decided on merits without his submissions.
Matter is adj for hearing of defendants on NM No.
2191/2023 to 26/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Rajesh Bindra for plaintiff is present.
Adv. Jinyasa h/f Vinod Naik for defendant nos. 1 and 3
is present.
L.O at 03.35 p.m.
Adv. Rajesh Bindra for plaintiff is present.
Adv. Vinod Naik for defendant nos. 1 and 3 is present.
Heard both the sides on NM No. 2191 of 2023.
Matter is adj for order on NM No. 2191/2023 to
04/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: None present for parties.
KB for order.
L.O at 01.00 p.m.
Adv. Vinod Naik for defendant Nos. 1 and 3 is present.
L.O at 01.30 p.m.
Adv. Bharti Sharma for plaintiff is present.
Court is busy in other matters on board. Hence, want of time matter is adjourned.
Matter is adj for NM order to 08/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Adv. for plaintiff is present.
Adv. Priyanka Chavan h/f Vinod Naik for def. nos. 1 and 3 is present.
Court is busy in recording evidence. Hence, paucity of time matter is adjourned.
Matter is adj for order to 09/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None present.
L.O at 03.15 p.m.
Adv. Bindra for plaintiff is present.
L.O at 04.20 p.m.
Adv. Vinod Naik def. nos. 1 and 3 is present.
F.R.S.R Following order is passed.
ORDER
1. Notice of Motion No.2191 of 2023 is hereby allowed subject to payment of costs of Rs.1,000/-(Rupees One Thousand Only) to the plaintiff by the defendant No.3.
2. Upon payment of above mentioned costs by the defendant No.3 on or before next date, his reply to Exh.34 shall be taken on record.
3. Notice of Motion disposed off accordingly.
Matter is adj for compliance to 11/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: At 2.50 pm
Adv. Rajesh Bindra for plaintiff present.
None for defendant when called.
Ld. adv. for plaintiff pointed out that today is the last day for the Defendant No. 3 to comply with order dated 09.08.2023 passed on NM No. 2191/2023.
O- As defendant No. 3 has not paid cost of Rs. 1000/- to the plaintiff and has not complied the order dated 09.08.2023, hence, put up the matter for hearing on Exh.34 on next date.
Matter is adj for hearing on Exh.34 to 29/09/2023
L. O at 03.10 pm
Adv. Shubham Wandekar h/f Adv. Vinod Naik for defendant present and submitted that he has instructions to pay the costs today to the Ld. Adv. for plaintiff but as the Ld. Adv. for plaintiff has already left therefore the cost cannot be paid today. O- The reply of defendant No.3 to Exh. 34 presented on record but is subject to taken on record on the next date after compliance of order dt. 09.08.2023. Ld. Adv. for defendant no. 3 is permitted to comply the order dt. 09.08.2023 on next date.
Matter is adj for hearing on Exh.34 to 29/09/2023
Next Purpose: HEARING
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: HEARING
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Adv. for plaintiff is absent.
Adv. Jigna Shah h/f Adv. V.N. Naik and co. for def. is present and submitted that, costs of Rs. 1000/- is paid to the ld. adv of the plaintiff on 27.09.2023 and the copy of defendant’s reply to Exh. 34 has also been supplied.
KB.L.O at 12.55 p.m.
Same appearance of def.
None present for plaintiff.
Matter is adj for compliance to 31/10/2023.
L.O at 03.15 p.m.
Adv. Bindra for plaintiff is present and submitted that he has received costs from the ld. adv of def.no.3.
O- The reply of def.no.3 to Exh. 34 is hereby TOR.
None present for def.
Matter is adj for hearing on Exh. 34 to 31/10/2023
Next Purpose: HEARING
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: None present for plaintiff.
Adv. Jigna Shah h/f Adv. V.N. Naik for deft. nos. 1 and 3 is present.
Matter is adj. for hearing on Exh. 34 to 14/12/2023.
L.O at 12.55 p.m.
Adv. Rajesh Bindra for plaintiff is present.
Narendra Singh def. no. 2 is present. Advocate is absent.
None present for deft nos. 1 and 3.
Ld. adv of plaintiff submitted that the copy of reply affidavit of def no. 3 to Exh. 34 taken on record on the last day has not been supplied to the plaintiff. O- The ld. adv of def. nos. 1 and 3 is hereby directed to supply copy of reply affidavit of def. no. 3 to Exh. 34, to the ld. adv of plaintiff, on or before next date without fail.
Next Purpose: HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: None present for plaintiff.
Adv. Sejal h/f Adv. V.N. Naik for def.nos. 1 and 3 is present and requested to KB the matter.
KB
Later on at 12.45 p.m.
Adv. Bindra for plaintiff is present.
Adv. V.N. Naik for def. nos. 1 and 3 is present.
Heard both the sides on Exh. 34.
Matter is adj. for order below Exh. 34 to 18/12/2023.
Next Purpose: ORDER
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: None for plff.
Adv. Shejal Ghadshi h/f Adv. V. N. Naik for deft no. 1 & 3 present.
Later on at 05.30 p.m.
Adv. Shejal Ghadshi h/f Adv. V. N. Naik for deft no. 1 & 3 present.
As Court is busy in recording cross examination of PW-2 in Commercial Suit No. 467/2020 in the first as well as second session therefore, matter is adjourned.
Matter is adj. for order below Exh. 34 to 04/01/2024.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: None present.
KB.
Later on at 12.35 p.m.
Adv. Prasad Pathare i/b Rajesh Bindra for plaintiff is present.
None for def.
For The Reason Seperately Recorded Following order is passed in Exh. 34
Operative part of order.
1. Application Exh.34 is hereby disposed off as follows :
a. The defendant Nos.1 and 3 are granted leave to rely on the documents annexed with and relied upon in their written statement, on the condition that they shall give inspection of their documents to the advocate of plaintiff and pay costs of Rs.5,000/-(Rupees Five Thousand only) to the plaintiff, on or before next date.
b. If the defendant Nos.1 and 3 fail to comply the above directions/conditions then, the present application Exh.34 will automatically stand allowed and the defendant Nos.1 and 3 shall be barred from relying upon the documents annexed and relied upon in their written statement.
Matter is adj. for compliance to 03/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Adv. Bindra for plaintiff is present.
Adv. Priyanka Chavan i/b M. Naik and co. for def. nos. 1 and 3 is present.
Ld. adv of plaintiff submitted that on 20.01.2024 the ld. Adv of defendant has given inspection of defendant’s documents but the copy of the same was supplied to the plaintiff yesterday. He has received the costs of Rs.5000/- from the other side. Therefore, he shall file the plaintiff’s affidavit of admission and denial on the next date. ORDER- As the copies of defendant’s documents were supplied to the advocate of plaintiff on 02.02.2024 hence, plaintiff is permitted to file his affidavit of admission and denial on the next date.
Matter is adj. for plaintiff’s affidavit of denial to 05/03/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv. Bharti Sharma h/f Adv. Rajesh Bhandari for plaintiff is present and requested to KB the matter.
Adv. Shejal Ghadashi h/f Adv. Vinod Naik for def. nos. 1 and 3 is present.
KB.. Later on at 11.57 p.m.
Same appearance of both sides.
Exh. 35 - Affidavit of admission and denial filed by ld. Adv of plaintiff. Copy of the same is served to the other side.
Matter is adj. for draft issues to 15/04/2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: None present.
Matter is adj. for filing draft issues to 27.06.2024.
Later on at 12.35 p.m.
Adv. Smt. Almas Sati h/f. Adv. Rajesh Bindra for plaintiff present.
Adv. Smt. Sejal Ghadshi i/b. V. N. Naik and Co. for defendant present.
Matter is already adj. for filing draft issues to 27.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: None present for plaintiff.
Adv. Jigna Shah h/f Adv. Vinod Naik for defendant is present.
Matter is adj. for draft issues to 18/07/2024.
Later on at 01.45 p.m.
Adv. Prasad Pathare i/b Adv. Rajesh Bindra for plaintiff is present.
Exh.36 Draft issues filed on behalf of plaintiff.
None present for defendant.
Matter is adj. for draft issues on behalf of defendant to 18/07/2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Court is Vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
None present for plaintiff.
Advocate Jigna Shah present for defendant in C.R.No. 32.
Exh. 37- Defendant filed draft issues.
Matter is adjourned for framing issues to 07.11.2024.
Later on 13.15 hrs.
Advocate Bharti Sharma present for plaintiff in C.R.No.32.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Court is vacant hence adj to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: PO is on leave hence adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Sejal Ghadashi present for defendant.
As court is busy in passing orders in Exe. APP. No. 144/2024, NM No. 2275/2025, NM No. 2288/2025, Ch/S No. 2862/2024, Com. Suit 128/2024, NM No. 704/2025, Ch/S No. 680/202 and Com. Suit No. 102/2024. Hence, matter is adjourned.
Matter is adj. for framing of issues to 10.06.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: Parties are absent.
Adv. Prasad Pathare present for plaintiff.
Adv. Jigna Shah present for defendant.
Due to administrative work/monthly meeting with Honble P.J. hence, adjourned.
Matter is adj. for framing of issues to 16.10.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Shejal Ghadshi h/f Adv. Mehta present for defendant.
Court is busy hearing in final arguments in 655/2024 (High Court transferred Suit bearing No.1894/2004 having age of 21 yrs old. ), passing order in NM No.3197/2024 in Com. Suit No. 1089/2024 (High Court suit No.147/2022) and other matters on board. Hence, due to paucity of time matter is adjourned.
Matter is adj. for framing of issues to 17.01.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: PO is on leave hence adj. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: Parties are absent.
None present for plaintiff.
Adv. Shejal Ghadashi h/f Adv. Vinod Naik present for defendant nos. 1 and 3.
Exh. 38 – Issues.
1.Does the plaintiff prove that MOU dt. 13.02.2018 executed between plaintiff and defendant constitute valid contract ?
2.Does plaintiff prove that defendant is liable to pay
amount of Rs.41,14,496.60/- as per the MOU?
3.Does the plaintiff prove that defendants are liable to pay amount of Rs.55,00,000/- as compensation and damages ?
4.Does the plaintiff prove that defendants are liable to pay interest @ 24 % on the claim amount ?
5.Whether suit is barred by limitation ?
6.Whether suit is tenable in present form ?
7.Whether plaintiff is entitled to relief as claimed ?
8. Whether this court have jurisdiction to try the present suit ?
9. Whether suit is bad for non-joinder of necessary party ?
10.What order, decree and costs ?
Case Management Hearing/ Schedule.
Business
On or Before
Affidavit of evidence
Plaintiff and defendant shall file affidavits of evidence of all witnesses on next date with list of all witnesses.
Court commissioner for Cross Examination
Cross-examination of witnesses to be conducted through court commissioner. Plaintiff and defendant are directed to suggest the name of any advocate having typing skill till next date.
Cross- examination of plaintiffs witness.
Cross examination of plaintiff’s witnesses to be completed till end of June, 2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of July, 2026.
Arguments
Parties shall file the written arguments with brief oral submission till August 2026.
It is clarified that no adjournment shall be granted except for cogent reasons and on payment of costs, strictly in accordance with Order XV-A CPC.
Cross examination of witnesses once began shall be conducted day to day.
Parties shall strictly adhere to the above timeline. Any breach shall invite appropriate consequences as per law.
Matter is adj for affidavits of witnesses of both the parties to 30.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: Parties are absent.
Adv. present for plaintiff.
Exh 39 Evidence affidavit of PW-1 filed by ld. Adv of plaintiff. TOR.
Exh.40 Evidence affidavit of PW-2 filed by ld. Adv of plaintiff. TOR.
Exh 41 List of documents of witness PW1,PW-2 and PW-3 filed by ld. Adv of plaintiff. TOR.
Exh.42- Application for witness summons filed by ld. adv of plaintiff. O-Allowed.
Exh. 43 Application for production of witness summons filed by ld. Adv of plaintiff. O-Allowed.
Witness PW-1 and PW-2 is present.
Oath is given to witness PW-1 and PW-2.
Exh. 44- Evidence affidavit of PW-3 filed by ld. Adv of plaintiff. TOR.
Exh.45 List of witness filed by ld. Adv of plaintiff. TOR.
Oath is given to witness PW-3.
Adv. present for defendant.
Matter is adj. for R/E to 29.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Parties are absent.
Adv. Bindra present for plaintiff.
Adv. Jigna Sha h/f V.N Naik present for defendant and orally seeking time for filing evidence affidavit. O-Last chance is granted.
Matter is adj. for R/E to 14.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Parties are absent.
Adv. Rajesh Bindra present for plaintiff.
Adv. Jigna Shah present for defendant and orally seeking time for filing affidavits of evidence and documents. O- Already last chance was granted. One more last chance is granted subject to costs of Rs. 2000/- to be paid to the plaintiff.
Matter is adj. for R/E to 12.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026
Date: 12-08-2026
Business: Parties are absent.
Adv. Sonam Sharma h/f adv. Rajesh Bindra present for plaintiff.
Adv. Rishabh Patel present for defendant nos. 1 and 3.
KB.. Later on at 03.05 p.m.
Defendant nos. 1 and 3 are present.
Adv. Rishabh Patel present for defendant nos. 1 and 3 and filed costs compliance pursis. TOR.
Exh 46 Evidence affidavit of defendant no3 filed by ld. Adv of defendant. TOR. O-Read and Record.
Exh 47 List of documents filed by ld. Adv of defendant. TOR. O-Other side to say.
Witness DW-1 is present.
Oath is given to witness DW-1.
Ld. adv of defendant nos.1 and 3 and filed application for objecting additional document of plaintiff TOR. Marked as Exh. 48. O-Other side to say.
Matter is adj. for admission and denial and say on Exh. 48 to 07.10.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-10-2026