Date: 14-09-2018
Business: Adv. Godbole for pltff present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to 19.11.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Pltff present.
Deft and Adv. for deft. absent.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Exh. 5 - Application filed by pltff for extension of time to serve writ of summons t.o.r.
Order- Application is allowed. Time is extended till next date.
Matter adjd to 29.1.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Both the parties and adv absent.
Matter adjd to 1.4.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Both side and their adv are absent.
Matter is adjd.for writ of summons on 16.07.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. for plaintiff absent.
None for defendant present.
Mr. Gaurav Dnyanit for plff present.
Exh.6- Application filed by plff for extension of time to issue writ of summons.- Granted.
Matter is adjd. for writ of summons on 13.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Both the parties and advocates are absent.
Adjourned for writ of summons to 02.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Advocate for plaintiff is present and filed filed affidavit of service at Exh. 08. Service is duly served on defendant.
None present for defendant.
The defendant is absent when called out. Hence, the suit of the plaintiff proceed (ex-parte) against defendant.
Adjourned for (ex-parte) evidence to 14.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for (ex-parte) evidence to 23.03.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 22.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Jagdhish Nagar for plaintiff present.
None for defendant
PW - 1 - Babulal Sangari Exh. 8 affidavit of examination in chief.
Exh. 9 - List of documents.
In view of evidence affidavit of PW - 1 following documents are exhibited -
Exh. 10 - True copy of Extract of Board resolution.
Exh. 11 colly - (serial no. 2 to 8)
Exh. 12 colly - (serial no. 9 to 18)
Exh. 13 colly - (serial no. 19 to 28)
Exh. 14 colly - (serial no. 29 to 33)
Exh. 15 - Copy of returned cheque no. 358864 dtd. 12.04.2017.
Exh. 16 - Copy of returned cheque no. 358844 dtd. 14.03.2017.
Exh. 17 - Copy of returned cheque no. 358865 dtd. 05.04.2017.
Exh. 18 - Copy of returned cheque no. 358845 dtd. 14.03.2017.
Exh. 19 - Copy of returned cheque cum memo no. 358864 dtd. 12.04.2017.
Exh. 20 - Copy of returned cheque cum memo no. 358844 dtd. 14.03.2017.
Exh. 21 - Copy of returned cheque cum memo no. 358865 dtd. 05.04.2017.
Exh. 22 - Copy of returned cheque cum memo no. 358845 dtd. 14.03.2017.
Exh. 23 - Extract of ledger accounts for the period 01.04.2016 to 31.03.2017.
Exh. 24 - Extract of ledger accounts for the period 01.04.2017 to 31.03.2018.
Exh. 25 - Extract of ledger accounts for the period 01.04.2016 to 17.06.2017.
Exh. 26 - The office copy of advocate notice dtd. 15-01-2018.
Exh. 27 - Original acknowledgement card.
Exh. 28 - Computer certificate u/s 65 B of Evidence Act.
Exh. 29 - pursis.
Matter is adjd.to 10-02-2021 for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 10-03-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Nagar for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 12.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Mr. Jagdish Nagar for Plaintiff present and filed Evidence closing pursis.
None present for Defendant.
Heard.
Matter adj. to 04/09/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for Plaintiff.
Adv. Mr. S. L. Mhatre for Defendant present and filed draft NM with Affidavit in support and seeks leave to register the same. Leave granted.
Matter adj. to 14/10/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Court is Vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: COURT IS VACANT
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Matter called out at 3.09 pm
Adv Gaurav Nyaymit for plff present
Adv Vaishali Yewle for Defendant present
Adv for plff submits that copy of NM and affidavit is not served upon the plff. The registered NM is not tendered by the def. Def is directed to tender registered NM and serve the copies upon the plff.
Matter is adjd on 29.08.2022 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None for plff
Adv for Defendant present
Matter is adjd on 11.10.2022 for NM Reply Rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Matter called out at 3.13 pm
Adv Gaurav Nyaymit for plff present
None for defendant
Matter is adjd on 15.12.2022 for NM Reply Rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Matter called out at 3.30 pm
None present
Matter is adjd on 20.02.2023 for NM Reply
LO at 4.06 pm
Adv Gaurav Nyaymit for plff present and submits that defendant has not served the copy of NM. Defendant is directed to comply the direction dated 27.06.2022. On failure of defendant, further orders will be passed by the court.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Court is busy in recording evidence in SU 8292/84 hence board discharge.
Matter is adjd on 10-04-2023 for Nm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present.
Matter is adjd on 17-06-2023 for suit stayed.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Arpita Chopra h/f Adv.Jagdish Nagar for plaintiff present.
Adv.Shilpa Salve for defendant present. She submits that she has to verify whether defendant has tendered registered N/M No.2437/2021 on record. Hence, given last chance.
Matter is adj to 04/09/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Later on at 3.40pm
Adv.Gaurav R.Nyayanit h/f Adv.Jagdish Nagar for plaintiff present.
Adv.Shilpa Salve for defendant present. She filed registered N/M No.2437/2021 along with affidavit in support. T.O.R.
Copy of N/M to the served advocate for defendant.
Matter is adj to 20/11/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Arpita Chopre h/f Adv.Jagdish Nagar for plaintiff present (in morning session). She filed application Exh-30 to adjourn the matter.
None for defendant. Hence Exh-30 is allowed.
Matter is adj to 02/02/2024 for reply on N/M.
Later on at 3.24pm
Adv.Shilpa Salve for defendant present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 30/04/2024 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: PO IS ON TRAINING.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Gaurav Nyanit h/f Adv.Jagdish Nagar for plaintiff present.
None for defendant.
Adv. for defendant filed reply on N/M No.2437/2021 on 02/02/2024 however he was taken record inadvertently hence today it is taken on record.
Heard Ld.Adv. for plaintiff on N/M No.2437/2021
Matter is adj to 09/09/2024 for argument on N/M No.2437/2021 by defendant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Gaurav Nyanit for plaintiff present.
None for defendant.
Matter is adj to 25/11/2024 for argument on N/M and necessary order.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Plaintiff present.
Adv.Arpita Chopra for plaintiff present.
None for defendant.
Matter is adj to 23/01/2025 for argument on N.M/dismissal order on N/M No.2437/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Jagdish Nagar for plaintiff present.
Adv.Rahul Gupta h/f Adv. S.L. Mhatre for defendant present and filed adjournment application t.o.r marked as Exh-31. Order-Adjournment granted as a last chance with the direction to proceed with N/M No.2437/2021.
Matter is adj to 04/02/2025 for hearing on N/M.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Adv Gaurav Nyayanit for plaintiff present.
None present for defendant. Defendant is directed to present on next dated and proceeded with the Notice of Motion 2437 of 2021 in positively on next date, else the Notice of Motion be dismissed.
Matter is adj to 21.04.2025 for Hrg on Notice of Motion.
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Arpita Chopra i/b Adv.Jagdish Nagar for plaintiff present.
Adv.S.L. Mhatre for defendant present.
Keep Back.
Second time matter called out at 4.53pm
Adv.Arpita Chopra i/b Adv.Jagdish Nagar for plaintiff present.
Adv.S.L. Mhatre for defendant present.
Heard both the sides on N/M No.2437/2021.
F.R.S.R following order is passed on N/M No.2437 of 2021.
ORDER
1. The Notice of Motion No.2437 of 2021 is made absolute in terms of prayer clause (a).
2.The Notice of Motion No.2437 of 2021 is disposed off accordingly.
Written statement of defendant taken on record marked as Exh-31. Order-Filed.
Matter is adj to 29/07/2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2025
Date: 29-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Kunal Torne for plaintiff present and filed draft issues. T.O.R.
None for defendant.
Perused the plaint. It appears that there are element of settlement therefore, matter can be referred for Mediation. Hence, matter be referred for mediation.
Matter is adj to 30/09/2025 for Mediation Report.
Later on at 1.48pm
Adv.Sabira Sayyed for defendant present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: Court Vacant
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Court Vacant
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-03-2026
Date: 05-03-2026
Business: Court is vacant.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: PO is on training
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-07-2026
Date: 17-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
NOB TOB matter moved by precipe Adv.Jagdish Nagar for plaintiff (Exh-32). Order- Allowed. Matter be taken on board.
Adv. for plaintiff filed application for withdrawal of suit. T.O.R marked as Exh-33.
Mr. Babulal Sanghvi- Authorized Signatory of plaintiff present.
ORDER ON EXHIBIT-1
Mr. Babulal- Authorized Signatory of plaintiff present before this court and filed the application for withdrawal (Exh-33) of the suit and submitted that the present matter has been filed by the plaintiff for claiming recovery of money from the defendant. It is further submitted plaintiff that plaintiff has decided to the withdraw aforesaid matter.
Plaintiff, his advocate are present and submitted Board Resolution (Exh-34) and self attested copy of Aadhar Card in support of his identity. Plaintiff submitted that the matter is decided to be withdrawn. Plaintiff firmly states that he wants to withdraw the suit against the defendant unconditionally. Hence, the order.
ORDER
1.Suit No.355 of 2021 is hereby disposed of as withdrawn (Exh-33) against the defendant unconditionally.
2. Court fees be refunded as per the rules.
3.All the notice of motion, chamber Summons, application and misc. application in connection with this suit shall be disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-07-2026