Date: 01-07-2019
Business: Adv for plaintiff Mr.Ramesh Jain present
Adv for deft Mr.Nagnath present
Adv for plaintiff tendered Registered S/J 175/19 along with affidavit.
Matter is Adjd for S/J 175/19 Hearing to 19/09/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 18/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: WOB
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Sakpal for plff present.
Adv. Usha Hogade for deft. present.
KB.
LO At 01.05 pm
Deft present. Adv. Nangnath Bhumkar for deft. Present.
Adjd. to 15.01.2020 for SJ reply
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Defendant present.
Adv. Sakpal for plaintiff present.
Adv. Bhumkar for defendant present.
Draft NM along with affidavit filed by defendant tor.
Leave is granted to register NM.
Matter adjd to 26/02/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: None for plaintiff
Adv. Usha Oghade for defendant filed registered NM 452/20 @ Affidavit.
Adjd for Hearing of NM to 01-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None for plaintiff
Adv. Bhumkar for defendant
LO Adv. Ramesh jain for plaintiff filed reply on NM itself.
Adjd on request of defendant to 25-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Bomkar for defendant present
Adjd to 27-07-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 06-08-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None for both sides.
Matter is adjd.to 12.10.2021 for n/m and summons for
judgment hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Adv. Mr. Nagnath Bhumkar for defendant present and filed pursis with xerox copy of defendant Hetal’s death certificate. t.o.r. and marked as Exh.2.
Matter is adjd.to 18-02-2022 for steps to bring LRs of
deceased defendant Hetal on record.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 17-03-2022 for steps to bring Lrs of
deceased defendant hetal on record.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant
The defendant has filed NM No. 452/20 for condoning delay in filing written statement and to allow them to file written statement. The defendants did not argue NM proceeding since long. Adv. for plaintiff has given say on it on 04-03-2021. As summons for judgment no. 175/19 is pending for hearing and matter has not reached the stage of taking written statement on record, this Notice of Motion is premature. Hence, NM No. 452/20 is dismissed. Proceeding of NM No. 452/20 is closed.
Matter is adjd.to 07-04-2022 for steps to bring Lrs of
deceased defendant Hetal on record.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adjd for taking steps to 19/08/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Ramesh Jain for plaintiff present. None for defendant.
Exh- 3 Adv. for plaintiff tendered letter dt. 17.05.2022 along with postal acknowledgment. T.O.R.
Adjd for taking steps to 15/09/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Ramesh Jain for plaintiff present and filed draft Ch/s. t.o.r. O- Leave is granted to register the Ch/s.
None for defendants.
Matter adjd to 16.11.2022 for service of Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: None present when called.
Adjd for service to 12/12/2022
L. O
Adv. Ramesh Jain for plaintiff present and sought extension of time to register chamber summons. Time extended to register chamber summons.
Next Purpose: SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Ramesh Jain for plaintiff present.
Plaintiff to take steps.
Adjd for taking steps to 20/01/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Ramesh Jain for plaintiff is present.
The LRs of defendant no.2 namely Deepa Hakani and Vishesh Hakani are present and they sought time for filing reply to the Ch/s. Granted.
Case is adjourned for Ch/s reply to 27-03-2023.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None present.
Defendant is directed to file reply on CHS.
Case is adjourned to 21.04.2023 for reply on CHS
LO 3.30 pm
Adv. Ramesh Jain for plaintiff present.
None for defendant.
The legal heirs of defendant no.2 appeared on last date. But they failed to appear before the court and not filed reply to CHS.
Case is adjourned to 21.04.2023 for no reply order on CHS.
Next Purpose: FOR___________________
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: None for plaintiff.
Adv. Hiral Thakkar for defendant no.2 (Legal Aid) is present.
Exh.04 - Ld adv for legal heir of defendant no.2 filed V/N t.o.r. O- Filed.
Exh.05 - Ld adv for legal heir defendant no.3 filed V/N t.o.r. O- Filed.
Ld adv for legal heir of defendant no.2 sought time for C/s reply. Sufficient opportunity is given to the defendant no.2. Hence, C/s is proceeded without reply.
Case is adjourned for CS hearing to 12-06-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: SHILPAFAB Vs F.W. Team
Adv. Ramesh Jain present for plaintiff.
Adv. Hiral Thakkar present for defendant.
Exh.06- Chamber Summons No. 1966/2022. Heard both sides.
Matter adjourned to 14.06.2023 for Chamber summons Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: SHILPAFAB Vs F.W. Team
Plaintiff side called, but absent.
Adv. Heena Thakkar present for defendant.
Matter adjourned to 05.08.2023 for Chamber summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Shilpa Fab vs. F.W. Team.
Adv. Ramesh Jain present for plaintiff.
Adv. Ravi Patel present for defendant no.3.
Exh.07 - Ld adv for defendant no.3 filed V/N t.o.r.
F.R.S.R. following order in Chamber Summons No.101966 of 2022 is passed:-
ORDER
1. Chamber Summons No. 101966 / 2022 is allowed.
2. Plaintiff shall carry out necessary amendment within 15 days, from date of this order.
3. Thereafter, plaintiff shall take steps regarding service on the newly added defendants.
4. Defendants are at liberty to take appropriate steps, as per rules.
5. Cost in Cause.
6. Proceeding of Chamber Summons No. 101966 of 2022 is closed.
7. Order dictated and pronounced in open Court.
8. Parties be informed about their right to challenge this Order and period of limitation for the same.
9. The record of Chamber Summons shall be part and parcel of the main Commercial Suit No. 101966 / 2022.
Matter adjourned to 19-08-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Shilpafab V/s F. W. Team
Adv. Ramesh Jain present for plaintiff.
Adv. Ravi Patel present for defendant No.3
Exh.7- Application by plaintiff seeking extension of time to carryout amendment. Order- Allowed.
Not objected by defendant.
Plaintiff to carryout amendment on next date.
Matter adjourned to 06.10.2023 for amendment compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: SHILPAFAB Vs F.W. Team
All called, but absent.
Parties to take steps.
Matter adjourned to 04.11.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Shilpafab V/s F. W. Team
Adv. Ramesh Jain present for plaintiff.
Adv. Harsha Bafna present for defendant No.1 and 3.
Exh.8 - Application filed by plaintiff to carry out the amendment as per order Dt. 05.08.2023.
defendant has given no objection.
Order - Exh.8 is allowed.
Parties to take appropriate steps.
Case adjourned to 23.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Shilapafab V/s F. W. Team
Adv. Ramesh Jain present for plaintiff.
He is seeking oral adjournment to make compliance.
Plaintiff to comply.
Case adjourned to 20.03.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Shilpafab v/s F. W. Team
All called, but absent.
Parties to takes steps regarding pending Summons for judgment.
Suit adjourned to 20.04.2024 for Summons for Judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: SHILPAFAB Vs F W Team
Adv. Madhuri Shirke present for plaintiff.
She is seeking oral adjournment to take steps.
Suit adjourned to 25.07.2024 SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Adv. Ms. Madhuri Shirke present for the plaintiff.
Plaintiff is seeking oral adjournment.
Suit is pending since 2019.
Suit is adjourned to 19.09.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Shilpafab V/s F.W. Team
Plaintiff side called, but absent.
Defendant side called, but absent.
Kept back for dismissal.
Later on at 13.19 Hrs.
Adv. Ramesh Jain present for plaintiff.
Exh.9 - Application filed by plaintiff for proceeding the Suit ex-parte.
Suit adjourned to 12.11.2024 for arguments on Exh.9.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Parties to comply previous roznama orders.
Suit adjourned to 07.01.2025 for steps.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: SHILPAFAB Vs F.W. Team
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take appropriate steps as per previous date roznama.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.01.2025 for argument.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: SHILPAFAB Vs F.W. Team
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take steps regarding pending Summons for Judgment
Else put for Order against defaulting parties.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 06.02.2025 for arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: Adv. Madhuri Shirke present for plaintiff.
Defendant side called, but absent.
Exh. 10 - list of documents.
Kept back for arguments
L.O. at 3.00 p.m.
Adv. Ramesh Jain present for plaintiff.
Defendant side called, but absent.
Suit adjourned to 13.03.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: None present for plaintiff and defendant.
KB for argument
Later on at 05.10 pm
Adv. Ramesh Jain for plaintiff present.
Perused application (Exh.9) which indeed was filed by the plaintiff for removing the matter from dismissal caption. However, roznama dated 19.09.2024 was wrongly written as "Exh.9 application filed by plff for proceeding the suit ex-parte".
Sheristedar of the court to correct the roznama date 19.09.2024 to the aforesaid extent. Rest of the roznama of the aforesaid date stands unchanged.
Today, None present for defendants since long the defendants did not file reply to S/J nor seek leave to defend the suit. Hence, S/J be kept for final argument.
Matter stands Adj for S/J hearing on 16-04-2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Deepali Salunke for defendant No.2 present.
Ld. advocate appearing for the defendant No.2 made a statement that the said defendant want to change the advocate and therefore she made a further statement that on next date she will file VP and written notes of argument on Summons for Judgment.
Statement is accepted.
By consent as and by way of last chance, matter stands Adj for argument on S/J on 25-04-2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: None present for plaintiff.
Adv. Shashank Sardesai for defendant No.2 present.
Exh.11 Vakalatnama filed by advocate for the defendant No.2.
O. Seen.
Exh.12 Written argument in respect of S/J No.175/2019 filed by advocate for the defendant No.2.
O. Seen.
Ld. advocate appearing for the defendant No.2 made a statement that the written argument in respect of S/J No.175/2019 may be considered as oral argument to S/J.
Copy be served to other side.
Matter stands Adj for plaintiff argument on S/J on 02-05-2025.
Later on at 12.30 pm
Adv Madhuri Shirke for plaintiff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: None present for plaintiff.
Adv. Anushka Goyal for defendant No.2 present through VC.
KB
Later on at 2.00 pm
Adv. Ramesh Jain for plaintiff present.
Adv. Anushka Goyal for defendant No.2 present through VC.
KB
Later on at 3.40 on
Adv. Ramesh Jain for plaintiff present.
Adv. Anushka Goyal for defendant No.2 present through VC.
Court is busy in administrative work, hence, by consent matter stands Adj to 18-06-2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: Court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Anoushka Goyal for defendant No.2 present through VC.
FRSR following order is passed
ORDER
1. Summons for Judgment No. 175 / 2019 is allowed.
2. In view of Order XXXVII Rule 6(a) of the Code, Commercial Suit No. 828/2021 is decreed as follows :
i. Commercial Suit No. 828 / 2021 is decreed with cost.
ii. Plaintiff is entitled to recover Rs.8,36,545.19 /- (Rs. Eight Lakhs Thirty Six Thousand Five Hundred Forty Five and Nineteen Paise only) from defendants with 9% interest per annum from the date of suit till realization of entire amount.
iii. Defendants, within three months from date of this order, shall jointly and severally pay Rs.8,36,545.19/- (Rs. Eight Lakhs Thirty Six Thousand Five Hundred Forty Five and Nineteen Paise only) to the plaintiff, with 9% interest per annum from the date of suit till realization of entire amount.
iv. Decree be drawn up accordingly.
3. Order is dictated and pronounced in open Court.
4. After compliance and period of Appeal, Shirestedar and AS to consign Record of the suit, to Record Room.
5. Record of Summons for Judgment No. 175 / 2019 shall be part of main Commercial Suit No. 828 / 2021.
6. Proceedings of Summons for Judgment No. 175 / 2019 and Commercial Suit No. 828 / 2021 are closed.
Nature Of Disposal: ALLOWED
Disposal Date: 11-07-2025