Date: 02-08-2019
Business: None present.
Matter adjd to 15/10/2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 05.02.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
In view order dated 02.08.2019, 06.08.2019 and 15.10.2019, suit is adjourned on one and another reason. However, plaintiff failed to take steps for writ of summons, absent today. Hence, suit is keep for dismissal order on next date.
Matter adjd to 14.02.2020 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Call out at about 11.15a.m.
Adv.for plaintiff absent.
Adv.for defendant absent.
KB.
LO at 12.00p.m.
Adv. Ramesh Jain for plaintiff present.
Advocate for plaintiff tender original writ of summons @ envelope.
Advocate for plaintiff tender application for fresh writ of summons - Allowed.
Matter adjd to 30.04.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 19.10.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 25/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19.12.2020 for affidavit of services.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 16/01/2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Application for issuance of fresh summons filed by Adv.of plaintiff, Exh.6 t.o.r. O-Time extended for service of summons.
Matter adjd to 12.02.2021 for Service of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Statement of truth, Exh.3 filed by Adv. of plaintiff t.o.r. O-filed.
The plaintiff had filed affidavit of service of summons, Exh.4 t.o.r.
O-Defendant not served, the plaintiff to take steps.
Matter adjd to 26.02.2021 for steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: wrongly on board.
Matter already adjd to 8/03/2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 01.04.2021 for awaiting service.
Next Purpose: SERVICE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv.Ramesh Jain for plaintiff is present.
None for defendant.
Matter adjd to 22/04/2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
Adv. Minal S. Parab for defendant No.1 & 3 present.
Vakaltnama filed by Adv. Minal for defendant No.1 & 3 t.o.r
Written Statement filed by Adv. for defendant No.1 & 3 t.o.r.
O-Filed.
Adjd to 07.06.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 29.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 05.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 18.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant No.1 and 3 present.
The plaintiff to file service affidavit regarding defendant No.2, 4 and 5 and take steps regarding their service.
Matter adjd to 13.10.2021 for service affidavit.
Judge
LO at 12.53 pm
Adv.Ramesh Jain for plaintiff present. He submits that the defendant No.2, 4 and 5 are already appeared and filed vakalatnama. On perusal of vakalatnama, Exh.3 and Exh.7, it is notice that at Exh.3, the defendant No.1 to 5 have filed vakalatnama of Adv.Sanjay Anabhawane. Thereafter at Exh.7, the defendant No.1 and 3 have filed vakalatnama of Adv.Minal Parab. Hence, all defendants are appeared. Plaintiff wants to file application for summons judgment.
Matter adjd to 13.10.2021 for filing application for summons judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant Nos. 1 and 3 present.
The Adv. for defendant Nos.1 and 3 wants to check the proceeding.
The plaintiff wants to file Summons for Judgment on next date.
Matter adjd to 23.10.2021 for filing SJ.
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.27 pm,
Adv.Vaishali Chavan h/f.Adv.Ramesh Jain for plaintiff present.
None present for defendant.
The h/f. advocate for the plaintiff submits that the advocate on record is not feeling well, hence, adjourned.
Matter adjd to 23.11.2021 for filing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Date: 10-12-2021
Date: 03-01-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant No.1 and 3 present.
On oral request adjd for filing NM (delay) a/w. reply to SJ on 12.01.2022.
Next Purpose: REPLY
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 01.02.2022 for filing N/M (Delay) @ reply to S/J No. 178/21 on 12.01.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.57 pm
Adv.Ramesh Jain for plaintiff present.
In view of SOP dated 06.01.2022, matter adjd to 17.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant No.1 and 3 present.
Adv.of defendant filed draft notice of motion (delay) a/w. affidavit in support and reply in SJ. O-Leave granted to register draft notice of motion.
Copies of NM, affidavit and reply in SJ are kept on record for furnishing the same to the plaintiff.
Heard Adv.of defendant on draft NM.
KB
LO at 12.54 pm,
Adv.Ramesh Jain for plaintiff present. He filed handwritten reply on draft notice of motion.
Heard Adv.of plaintiff on draft NM.
F.R.S.R. following order is passed
ORDER
1. Draft Notice of Motion is allowed.
2. Delay in filing leave to defend cum reply in summons for judgment is condoned for defendant No.1 to 3.
3. Leave to defend cum reply filed by defendant No.1 to 3 is taken on record.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purposes.
In view of above order reply in SJ is taken on record and marked as Exh.9.
Matter adjd to 01.03.2022 for hearing on SJ.
LO at 03.28 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant No.1 and 3 present.
By consent date is changed as 03.03.2022 for hearing in SJ.
Next Purpose: HEARING
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L. O. at 11.50 a.m.
Adv. Ms. Minal Parab for the defendant.
KB
L.O. at 01.57 p.m.
By consent, matter is referred to Lok-Adalat to 12.03.2022
LO at 03.28 pm,
Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant No.1 and 3 present.
By consent date is changed as 03.03.2022 for hearing in SJ.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
None present.
Matter Adjd to 05/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: None present for plaintiff.
Adv. Sumi Soman present for defendant Nos.1 and 3.
Matter adjd to 18.06.2022 for hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Meenal Parab for defendant no. 1 and 3 present.
Advocate of plaintiff undertake to serve summons for judgment on defendant no. 2, 4 and 5.
Matter is adj for service affidavit to 21/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present.
KB.
Adv. Minal Parab Present for Deft no.1,3.
LO 12.52.
Adv.Ramesh Jain Present for Plff and seeks time to file service affidavit. Granted.
Adj. For Service affidavit of SJ 178/21 regarding deft no.2,4,5 on 25/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Minal Parab for defendant nos. 1 and 3 is present.
None for plaintiff.
L.O. 01.40 p.m.
Adv. Ramesh Jain for plaintiff is present. He pointed out that as per roznama dt. 13.10.2021, the defendant no. 2 served with suit summons and hence, suit proceeded Ex-parte against defendant no.2. As per service affidavit a/w R.P.A.D. envelopes (Exh.3), the suit summons were sent to defendant nos. 4 and 5 by R.P.A.D. but postal envelop retuned with remark “unclaimed”. According to advocate of plaintiff it is proper service of summons on defendant nos. 4 and 5.
Advocate of plaintiff has filed draft Summons for Judgment a/w affidavit. O: Leave granted to register S.J.
Case adj for hearing on the point of service of summons on defendant nos. 4 and 5 and for returnable S.J and service affidavit to 20/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: None present.
KB. 1.45 pm.
Adv. Ramesh Jain Present for Plff.
Adv. Minal Parab Present for Deft.
Adv of plff has not tendered registered SJ 178/21 along with affidavit.
Order below Ex.01.
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this suit bearing commercial suit no.42 of 2019 along with Summons of Judgment No 178 of 2021 to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 04/11/2022.
Adj. For Appearance and Hearing on SJ 178/21 on 04/11/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: None present.
Matter Adjd for SJ Hearing on 02/01/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: None present for plaintiff.
Adv. Meenal Parab for defendant No.1 and 3 present.
Matter Adjd for SJ Hearing on 14/02/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2023
Date: 02-01-2023
Business: None present for plaintiff.
Adv. Meenal Parab for defendant No.1 and 3 present.
Matter Adjd for SJ Hearing on 14/02/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Heard learned advocate for plaintiff on SJ.
Matter Adjd for SJ hearing of deft on 10/03/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant no.1 and 3 present.
Kb for hearing.
Later on at 04.06 pm.
Heard learned advocate for defendant no.1 and 3 on SJ.
Matter Adjd for SJ Order on 10/04/2023.
Next Purpose: ORDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff.
Adv. Minal Parab for defendant no.1 and 3 present.
F.R.S.R. following order in Summons for Judgment No.178 of 2021 in Summary Suit No.778 of 2022 is passed-
ORDER
1. Conditional leave is granted to defendant no.1 and 3 to defend the suit.
2. The defendant no.1 and 3 shall deposit an amount of Rs.3,00,000/- to be paid to the plaintiff within 2 months from date of this order.
3. The defendant no.1 and 3 after payment of the amount of Rs.3,00,000/- will be at liberty to file written statement on record.
4. The Summons for Judgment No.178 of 2021 is disposed off accordingly.
5. Parties to bear their own costs.
Matter Adjd for compliance on 17/07/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Both parties and his counsel are absent when called.
Matter is fixed for compliance. Compliance is not done. Hence, keep for order.
Matter Adjd for order to 22.11.2023.
Next Purpose: ORDER
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Court is on Training.
Next Purpose: ORDER
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: P.O. is on Leave.
Next Purpose: ORDER
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 25.11.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: None present.
Matter is adjourned to 01.02.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Adv. Ramesh Jain for plaintiff present and filed non deposit certificate taken on record and marked as Exh. Order - Seen.
Matter is adjourned to 14.02.2025 for
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 11.06.2025 for ----------.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: Adv. Ramesh Jain for plaintiff present and filed list of documents taken on record and marked as Exh.11. Order - Be filed.
Matter is adjourned to 05.07.2025 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Business: Plaintiff present.
Adv. Ramesh Jain for plaintiff present and filed evidence affidavit along with list of documents taken on record and marked as Exh.12 Order - Evidence affidavit read and recorded.
Matter is adjourned to 18.08.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 07.10.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 13.11.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: Matter is adjourned to 20.12.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 12.02.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 17.04.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2026
Date: 23-06-2026
Business: Suit is Ex-parte.
None for plaintiff.
On 05.07.2025 plaintiff filed evidence affidavit Exh.12. However it is not signed by the then Presiding Officer. Proceed to sign it today.
On 13.11.2025 the then Presiding Officer marked Exh.13 to Exh.17. However, these documents were not signed. Hence, proceed to sign these documents today.
Record reflect that on 07.01.2025 non deposit certificate Exh.10 was taken on record.
Matter is adjourned to 13.07.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: Adv. Ramesh Jain for plaintiff is present through VC.
None for defendant.
Heard argument of Adv for plaintiff.
Exh.18 - Judgment.
F. R.S.R. following order is passed.
ORDER
1.Summary Suit No. 778/2022 is partly decreed with costs.
2.Plaintiff is entitled to recover Rs.6,10,301.36 (Rupees Six Lakhs Ten Thousand Three Hundred One and Thirty Six Paise Only) and entitled to 9 percent p.a. interest on principal amount Rs.5,00,000/- (Rupees Five Lakhs Only) from the date of suit till realization of entire amount.
3.Defendants shall jointly and severally pay above referred amount with interest to plaintiff within three months from date of this Judgment.
4.Decree be drawn up accordingly.
5.Judgment is dictated and pronounced in open Court.
6.After compliance and period of Appeal, Sheristedar and AS to consign Record of the suit, to Record Room.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 13-07-2026