Smt. Leela Parshuram UttarkarVsM/s. Uttarkar Brother and Ors.

Date: 24-04-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-06-2018

Date: 19-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-06-2018

Date: 22-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-06-2018

Date: 26-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: The court is busy in dictating judgment in 2211/10. Hence board is discharged.
Matter is adjd. to 27.07.2018.
LO
Adv. Ms. Savithri for the plff present and filed application for extension of time to comply the order dtd 26.06.2018. t.o.r. Time is extended.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2019

Date: 01-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for defendant no. 1 and are present.
Adv. Savitri seeks time to take out a fresh Ch/s in furtherance of the order passed in W.P.
Adjd for steps to 21.02.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Resumed.
Adv. Lata Kharwa h/f Adv. Savitri for plaintiff is present. She seeks time on the ground that Adv. Savitri is not keeping well.  Defendant no. 2 in person is present. The matter is time bound by the Hon\''ble High Court.  Time is granted as last chance.
Adjd for steps to 26.02.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Resumed.
Advocate Ms. Savithri for the plaintiff present.
Advocate Ms. Sharma for the defendant present.
Adv. Savithri tendered Ch/s with affidavit seeking amendment to the plaint. Leave to register the Ch/s is granted.
Copy of Ch/s served on advocate Sharma for defendants.
Adjd for reply and Ch/s hearing to 2.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for def. no. 2 are present.
Adv. Sharma filed reply to Ch/s.
kept back.
L. O. at 4.30 p.m. Adv. R. N. Sharma for plaintiff is appeared.
Copy of amended plaint as per Ch/s no. 871/2018 is served on Adv. for  def. no. 2.
Adv. Savitri tendered registered Ch/s no. 482/2019
Heard, respective advocates on Ch/s No. 482/2019 at length.
Adjd for Ch/s orders to 05.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Resumed.
None for plaintiff and defendant.
FRSR the following order is passed on Ch/s no. 482/2019

ORDER
1.  The Chamber summons no. 482 of 2019 is made absolute in terms of prayer clause (a) subject to payment of costs Rs. 3000/- to be paid to the defendant no. 2 or deposited in the Court for that purpose within a period of two weeks from today.
2.  The amendment be carried out in all respects within the period of two weeks from today.
Adjd for compliance to 19.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Resumed.
None for plaintiff.  Adv. Chanchal Sharma for def. no.2 is present.
   She submits that the plaintiff has not supplied the copy of amended plaint.  Though the plaintiff has paid the cost and carried out the amendment.  The plaintiff is directed to supply copy of amended plaint to the defendants or their advocate before 26.03.2019, failing which necessary orders will be passed in the matter.
Adjd for NM arguments and additional w.s. to 26.03.2019.
L.O. at 3.00 p.,m
Plaintiff in person tendered copy of amended plaint and also served copy to Adv. Sharma.
Adjd for NM arguments and additional w.s. to 26.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Resumed.
None present for plaintiff.
None present for defendant no. 1 and 3.
Adv. Ms. Chanchal Sharma for defendant no. 2 present.
Exh. 8  Additional W.S. of defendant no. 2.
She undertakes to serve copy of additional W.S to other side.
Adjd to 29.3.2019 for arguments on N/M no. 1655/18or orders.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Resumed.
Adv. C. A. Savitri for plaintiff and Adv. R. K. Agarwal for defendant no. 2 are present.
Heard, respective advocates on NM No. 1655/2018 which has been taken out by the plaintiff seeking to take action against the defendant no. 2 for disobedience of an order of injunction.  Both the Ld. Advocates submits that they will lead evidence in respect of the matter in dispute in the motion.  Therefore the NM no. 1655/2018 be heard with suit.  Copy of additional w.s. is served on advocate for plaintiff.
Adjd for framing issues to 02.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for def. no. 2 are present.
Draft issues filed by the plaintiff. Adv. Sharma seeks time to file draft issues.
Adjd for draft issues to 03.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Resumed.
Adv. Savitri for plaintiff is present.  None for defendants.
Kept back.
L.O. at 3.30 p.m., None for plaintiff and defendant.
Exh. 9 - issues.
Adjd for witness list and evidence of plaintiff to 11.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Ms. Shaikh for defendant no. 2 are present.
Adv. Savitri seeks time to file affidavit of evidence.  Time is granted as last chance.
Adjd for evidence of plaintiff to 18.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Resumed.
Exh. 10 - Adv. Savitri for plaintiff filed application for adjournment.
The P.O. is busy in dictating judgment in Suit No. 752/1991.  For want of time the board is discharged.
Adjd for evidence of plaintiff to 22.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Resumed.
Plaintiff in person and Adv. Shaikh for defendant are present.
Kept back. Later on 12.50 p.m.
Adv. Savitri with PW1 are present.
Exh.11 - Pursis by the plaintiff to pay Court fee after amendment
Order - A.R. Civil to verify and accept the Court fee and report.
Exh.12 - Affidavit of PW1 Leela Parshuram Uttarkar. Verification is recorded.
Exh.13 -  Compilation of documents. Order- Other side to say.
Adv. Savitri under takes to serve the copies affidavit and documents to advocate for defendants
  Adjd for reply and arguments on admissibility of documents to 26.04.2019
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for defendant are present.
Adv. Sharma recorded her reply on Exh. 13.
Adjd for arguments on admissibility of documents to 03.06.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2.  The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons.  The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019

Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2.  The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons.  The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019

Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2.  The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons.  The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Heard both the sides on draft chamber summons.
The plaintiff has taken chamber summons for production of the office copy of letter dated 16.5.2019 sent by deft. no. 2 through her advocate and for permission to lead secondary evidence in respect of partnership deed, electricity bill of the shop no. 1 and 2.
The Ld. counsel for the deft. no. 2 objected the prayer clause \''b\'' on the count that chamber summons cannot be moved for the purpose of leading secondary evidence. He placed reliance upon the judgment of Hon\''ble Bombay High Court in the Writ Petition no. 11151/2017 (Kartik Gangadhar Bhat Vs. Nirmala Namdeo Wagh and Anr.) dated 3.11.2017.  In view of the law laid down by the Hon\''ble Bombay High Court in the above cited case of Kartik, the application to seek leave for secondary evidence is not maintainable and therefore, the prayer for the same cannot be considered.
The Ld. counsel for deft. no. 2, on instruction of deft. no. 2, submitted that he has no objection for considering the prayer clause \''a\'' without prejudice to his rights.  Thus, in view of the matter it is expedient to pass following order.
ORDER
1.  Chamber Summons is partly allowed in terms of prayer clause \''a\''.
2.   The prayer clause \''b\'' is rejected.
3. Chamber summons be registered for statistical purpose.
4.  Chamber summons is disposed of accordingly.
________________________________________________
By the consent of both parties, adjourned for admissibility of documents to14.6.2019 at 4.00 pm
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-06-2019

Date: 11-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Heard both the sides on draft chamber summons.
The plaintiff has taken chamber summons for production of the office copy of letter dated 16.5.2019 sent by deft. no. 2 through her advocate and for permission to lead secondary evidence in respect of partnership deed, electricity bill of the shop no. 1 and 2.
The Ld. counsel for the deft. no. 2 objected the prayer clause \''b\'' on the count that chamber summons cannot be moved for the purpose of leading secondary evidence. He placed reliance upon the judgment of Hon\''ble Bombay High Court in the Writ Petition no. 11151/2017 (Kartik Gangadhar Bhat Vs. Nirmala Namdeo Wagh and Anr.) dated 3.11.2017.  In view of the law laid down by the Hon\''ble Bombay High Court in the above cited case of Kartik, the application to seek leave for secondary evidence is not maintainable and therefore, the prayer for the same cannot be considered.
The Ld. counsel for deft. no. 2, on instruction of deft. no. 2, submitted that he has no objection for considering the prayer clause \''a\'' without prejudice to his rights.  Thus, in view of the matter it is expedient to pass following order.
ORDER
1.  Chamber Summons is partly allowed in terms of prayer clause \''a\''.
2.   The prayer clause \''b\'' is rejected.
3. Chamber summons be registered for statistical purpose.
4.  Chamber summons is disposed of accordingly.
________________________________________________
By the consent of both parties, adjourned for admissibility of documents to14.6.2019 at 4.00 pm
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. C. S. Savitri for plaintiff present.
Adv. Agarwal for deft. no. 2 present.
Additional evidence affidavit filed by the plaintiff.
Additional compilation of documents filed by the plaintiff.
O-Call say of defendants.
Draft chamber summons tendered by the plaintiff.  Leave is granted to plaintiff to register the chamber summons.
On the objection of the Ld. Counsel for the deft. no. 2 the issue as regard maintainability of the chamber summons is kept open.
Time is granted to plaintiff to register the disposed of draft chamber summons.
Adjourned for chamber summons reply and admissibility of documents to 18.6.2019 at 12.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Adv. C. S. Savitri for plaintiff present.
Adv. Agarwal for deft. no. 2 present.
Registered chambuer summons no. 1087/19 filed by the plaintiff.  TOR.
Registered chamber summons 1089/19 (Disposed of) filed the plaintiff.  TOR.
Reply to chamber summons no. 1087/19 filed by the defendant no. 2.  TOR.
Heard argument Ld. advocate for plaintiff and Ld. Adv. for  defendant no. 1 on chamber summons no. 1087/2019.
Adjourned for order on chamber summons no. 1087/19 to 19.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019

Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019

Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: None present.
FRSR following order is passed on chamber summons no. 1087/2019
1.  Chamber Summons No. 1087/2019 is allowed in terms of prayer clause \''a\''.
2.  Chamber summons is disposed of accordingly.
_________________________________________________
Adjourned for recording evidence to 24.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: hearing
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Chanchal Sharma h/f Adv. Agrawal for deft. no. 2 present.
Adv. for defendant no. 2 seeks time for cross examination.
Adjourned for cross examination of PW-1 to 1.7.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for deft. no. 2 present.
Further cross examination of PW-1 completed.
Application filed on behalf of plaintiff for issue of witness summons.
Order on Exh. 37
Read application.  Issue witness summons to Sr. Inspector, G North Ward, Shop and Establishment Dept., BMC on depositing witness bhatta and process fees.  Plaintiff to give the summons along with list of the documents which she intend witness to produce.  Office to take the process of service of summons on priority as the matter is time bound by the Hon\''ble High Court.
______________________________________________
Adjourned for further evidence of plaintiff to 12.7.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Rakesh Agarwal for deft. no. 2 present.
Deposition of PW-2-Sampat Gurve.
The set of documents of license form D and renewal form B along with the other documents with 65 B certificate
Form E of Exh. 39 colly.
Extract of C register.
Examination-in-chief and cross examination of PW-2 completed.
Adjourned for further evidence of plaintiff to 23.7.2019 at 12.30 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Adv. Savithri for plaintiff present.
Adv. Neel Chettiyar for deft. no. 2 present.
Application filed by plaintiff for issuance of witness summons to Income Tax Officer.
O-Read application.  Issue witness summons to the Income Tax Officer of 21(3) circle, Piramal Chambers, Morarji Mills Compound, Lower Parel, Mumbai for adducing evidence and to produce the documents as per the list annexed with the summons.  The plaintiff to deposit the witness bhatta as per rules.
Adjourned for recording evidence to 30.7.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agarwal for deft. no. 2 present.
Time is extended till next date for service of witness summons.
Affidavit of examination in chief of PW-3 Mrs. Madhuri Mudholkar.
Affidavit of examination in chief of PW-4-Mrs. Naina R. Nage.
Affidavit of examination in chief of PW-5-Mr. Monica Uttarkar
Adjourned for compliance  dated 23.7.2019 and recording evidence to 1.8.2019 at 12.30 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Cross examination of PW-3 and PW-4 completed.
Adjourned for recording evidence to 3.8.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Plaintiff present.
Adv. Neil for defendant no. 2 present.
PW-5 present.
The advocate for the defendant no. 2 submitted that the senior advocate who was supposed to take cross examination is stuck due to heavy rain therefore seeks adjournment.  Hence considering the said fact, matter is adjourned for cross examination of PW-5 to 7.8.2019 at 4.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. C. S. Savithri for plaintiff present.
Plaintiff present.
Adv. Agarwal with Adv. Chanchal Sharma for defendant no. 2 present.
Cross examination of PW-5 completed.
Application filed on behalf of plaintiff for issuance of witness summons to Sr. Inspector, License Department, G North Ward, BMC.
Order below Exh. 45
O- Read application.  Heard.  The Ld. counsel for the plaintiff submitted that the plaintiff wish to examine the witness from the Corporation for bringing the fact on the record that  Shutter License was issued by the BMC. The application is opposed on the count that there is no relevancy for calling the witness.
The ld. counsel for the plaintiff submits that the deft. no. 2 has denied the existence of the partnership firm in his written statement.  Therefore the witness is relevant and  required to be examined.
Considering fact that the plaintiff wish to establish her case, at the same time it should not be overlooked that previously also the plaintiff had filed application for examining the witnesses.  The plaintiff is seeking the lieu of this court to examine the witness.  In the interest of justice, the application is allowed.  Hence, it is expedient to pass following order.
ORDER
1.  Application (Exh. 45) is allowed.
2.  Issue witness summons to the witness with the direction to produce the copy of the documents annexed with the list.
3.  Application is disposed of accordingly.
Adjourned for recording evidence to 13.8.2019 at 12.00 noon.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Adv. C. S. Sawithri for plaintiff present.
Plaintiff present.
Adv. Chanchal Sharma h/f Adv. Agrawal for defendant no. 2 present.
Witness Rajesh Jangam is present. He submitted that he is unable to bring the entire record which was called upon by the plaintiff as there is technical problem in the system.  He seeks time.
Adjourned for recording evidence to 19.8.2019 at 12.30 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Deposition of PW-6-Ishwar Jairam Rajput
Examination in chief  and cross examination of PW-6 completed.
Certified copy of license.
Certified copy of the licenses of the previous year.
Certified copy of the application for changing the name of legal heirs.
Sanction.
Certified copy of the application.
Copy of license attached with the application (Exh. 50).
Proposal.
Renewed license.
Certified copy of the old license.
License issued on 17.11.2008.
Receipt.
Adjourned for further evidence of plaintiff to 21.8.2019 at 4.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv.  Agarwal for defendant no. 2 present.
The matter is kept at 4.30 pm but the Ld. Counsel for defendant no. 2 submitted that he is in some personal difficulty and unable to cross examine the witness therefore he seeks adjournment.  Adjournment is granted.
Adjourned for recording evidence to 26.8.2019 at 400 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Adv. Savitri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
PW-7  Vinayak Raghunath Velhankar resumed on S.A.
Cross examination of PW-7 Vinayak Raghunath Velhankar by Adv. R. K. Agrawal for defendant no. 2 is concluded.
Application for issueance of witness summons to the Manager of Bank of Maharashtra of Mahim branch.
O-Read application. Heard. Issue witness summons to  the Bank Manager of Bank of Maharashtra of Mahim branch for adducing evidence and to produce documents as per the list annexed to summons.
Matter stands adjn for R. E. P. H. to  17.09.19.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. Savithri for plaintiff present.
Adv. Shweta Sharma h/f Adv. Agarwal for defendant no. 2 present.
The Ld. cousnel for the pl. submitted that the officer of the bank informed the plaintiff that data is not generated from the system and therefore the witness will not turn up.  Considering the same adjournment is granted.
Adjourned for recording evidence to 24.9.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. Lata Kharve for plaintiff present.
Adv. Agarwal  for defendant no. 2 present.
Deposition of PW-8-Manvendra Patel.
Examination in chief and cross examination of PW-8 completed.
Account statements for the period 9.6.2000 to 31.3.2004 and 1.4.2007 to 31.3.2009.
Account statement for the period 18.1.2010 to 31.12.2015 along with certificate.
Closing pursis filed by the plaintiff. O-Seen and filed.
Closing pursis filed by defendant no. 2.  O-Seen and filed.
Adjourned for final arguments to 1.10.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Lata Kharve for plaintiff present.
Adv. Neel Chetiyar h/f Adv. Agarwal for defendant no. 2 present.
The Ld. Advocate for the plaintiff and defendant seeks time for argument.
Adjourned for argument to 14.10.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard argument of Ld. Advocate for plaintiff partly.
Adjourned for further argument to 23.10.2019 at 3.30 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard further argument of Ld. Advocate for the plaintiff partly.
Adjourned for further argument to 7.11.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Agarwal with Adv. Chettiyar for defendant no. 2 present.
Heard further argument of Ld. Advocate for the plaintiff.  She concluded her argument. Court time is over.
Adjourned for argument of defendant no. 2 to 15.11.2019 at 12.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard argument of Ld. Advocate for defendant no. 2 partly.
Adjourned for further argument of counsel for defendant no. 2 to 20.11.2019
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. C. S. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard further argument of Ld. Advocate for defendant no. 2.  He concluded his argument.
Adjourned for reply argument of Ld. counsel for the plaintiff  to 22.11.2019 at 4.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agarwal defendant no. 2 present.
Court is busy in hearing time bound NM.
Adjourned for argument to 23.11.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard further arguments of Ld. Advocate for the plaintiff and defendant no. 2.
Adjourned for judgment to 9.12.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Plaintiff present.
Adv. Agarwal for deft. present.
Judgment is partly dictated.
The matter is adjd for judgment to 16.12.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Savitri for plaintiff present. Plaintiff in person present.
Deft. no.2 present.
Judgment.
F.R.S.R. following order is passed -
ORDER
1.     Suit is partly decreed i.e. for rendition of accounts.
2.     The Commissioner who may be Chartered Account is appointed for taking accounts.
3.  The Commissioner to take the accounts of the defendant no.1/firm from 01.04.2009 till 08.10.2011.
4.     The Commissioner to take accounts of the dissolved firm from 08.10.2011 to the date of submitting the accounts.
5.    The Commissioner to give the proposal of distribution of assets after meeting all the liabilities.
6.     The cost of the Commissioner be borne by defendant no.2 and subsequently, it be appropriated at the time of settling the accounts.
7.      Preliminary decree be drawn accordingly.
8.      Parties to bear their own cost.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-12-2019

Main Case No: SUIT/0101236/2014
Main Cnr: MHCC010044482014
Main Filing No: 111447

Filing Number: 105966/2018
Filing Date: 23-04-2018
First Hearing Date: 24th April 2018
Decision Date: 20th December 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE