Mrs. Milagres Anand CastelinoVsMr. Kumar Pribhdas Jaising

Date: 29-06-2019
Business: The court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Manoj Agiwal for plaintiff present.
Heard Ld. counsel for plaintiff. He submitted that as per roznama matter is posted on 28.08.19. There is urgency in the matter regarding hearing NM no. 961/19. Hence, prayed for preponing the date to 15.07.19. He undertook to inform the other side.
In view of the above, hearing of NM 961/19 is preponed as prayed with the direction to counsel for the plaintiff to inform the other side through counsel.
Matter preponed to 15.07.19 for hearing on NM .
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Agiwal for plaintiff present.
Adv. Irale for defendant present and filed affidavit in rejoinder to NM 961/19.
Heard both sides. It is submitted by the counsel for the defendant that plaintiff is a senior Citizen and therefore present matter may be transferred to Cr No. 9 were the other connected matter is pending.
The above request is opposed by the counsel for the plaintiff on the ground that present suit has been file as a commercial suit. All the matters of senior citizens, except commercial suit, has been assigned to the special court. Ld. counsel for plaintiff also filed his affidavit of service. It is taken on record.
In view of the above submissions made bofore this court, Matter stands Adj for hearing on NM to 06.08.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adv.Agiwal for plff.present.
Adv.Irle for deft.present.
By consent matter stands Adj for N/m hearing on 27.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv Agiwal for plaintiff present.
Adv Ravi Irle for defendant present.
Ld counsel for the deft sought an adjournment it is opposed by the counsel for plff. He pressed for early hearing. After hearing  both sides, by consent of parties adjournment granted.
Matter is adjd to 17/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. Agiwal for plaintiff present.
Adv. Priti Shah for defendant present.
On oral request of Ld. counsel for defendant, Matter stands Adj for NM hearing to 03.10.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Irale for defendant present.
Heard both sides.
Ld. counsel for defendant requested for adjournment. It is opposed by the Ld. counsel for plaintiff.
After hearing both the sides, last chance granted to the defendant for arguments on NM.
Matter stands Adj for NM hearing to 18.10.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Irale for defendant present.
Heard both sides. Ld. counsel for defendant seeks adjournment on the ground that senior advocate is engaged in hearing before the Hon\''ble High Court.
Ld. counsel for plaintiff strongly opposed the above request. Ld. counsel for plaintiff submitted that if the court is inclined to grant the adjournment, some cost may be imposed.
After hearing both sides, I find that on the earlier date last chance is granted to the defendant. Hence, adjournment granted as extremely last chance subject to cost of Rs. 500/- to be complied on or before next date. On oral request of the Ld. counsel for plaintiff priority is given to this matter.
Hence, Matter stands Adj for NM hearing to 13.11.2019 at 1.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Agiwal for plaintiff present.
Adv. Priti Shah for defendant present.
Partly Heard both sides on NM no. 961/19.
Matter stands Adj for further hearing to 14.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Agiwal for plaintiff present.
Adv. Priti Shah for defendant present.
Heard both sides on NM no. 961/19.
Ld. counsel for plaintiff submitted that the defendant has been served with the writ of summons long back but, has not filed WS within time. Ld. counsel for defendant submitted that let the court pass orders on the NM. The defendant is ready to file WS, if time is extended by the court. she prayed for eight weeks time to be extended. Ld. counsel for plaintiff has no objection for extension of time as prayed. Hence, extension of eight weeks time granted for filing WS by consent of parties.
Matter stands Adj for order on NM no. 961/19 to 02.12.19.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Agiwal for plaintiff present and filed draft NM along with affidavit and undertakes to serve copy on defendant. Leave granted to register draft NM.
Defendant present.
Matter stands Adj for service of draft NM to 02.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Agiwal for plaintiff present and filed original NM no.  4476/19 along with affidavit.
Adv. Irale for defendant present.
Matter stands Adj for order on NM 961/19 to 10.12.2019.
Next Purpose: ORDER
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Agiwal for plaintiff present.
Adv. Irale for defendant present.
Court is busy in dictating order in st. no. 12457/19.
Matter stands Adj for Order on NM no. 961/19 to 12.12.2019.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Agiwal for plaintiff present.
Defendant present.
Adv. Irale for defendant present.
Court is busy in Recording Evidence in Suit no. 2608/13.
Matter stands Adj for order on NM no. 961/19 to 18.12.2019
Next Purpose: ORDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Plaintiff present in person and her advocate absent.
Defendant present.
Adv. Ravi Irle for defendant present.
  FRSR following order is passed below
                                  ORDER
1.    Notice of Motion no. 961/19 is hereby dismissed and disposed of accordingly.

2.       Suit to proceed further for filing of WS by defendant within extended time and filing of reply affidavit by the defendant to NM no. 4476/19.
Matter stands Adj for filing WS by defendant and reply to NM no. 4476/19 to 20.01.2020.
Next Purpose: REPLY
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Agiwal for plaintiff present.
Adv. Irle for defendant present and filed WS. He sought time to file reply to NM no. 4476/19.  Time granted.
Written Statement filed on behalf of defendant. TOR.
Matter stands Adj for reply to NM no. 4476/19 on 05.03.2020.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is busy in dictated order in suit no. 2880/19. Hence, board is discharged.
Matter stands Adj for 09.04.2020
Later on 5.00 pm
Adv. Agiwal for plaintiff present and submitted that defendant has already availed time for filing reply to NM no. 4476/19. The motion is pending since long. Hence, the date given i.e. 09.04.2020 is very long date, it may be preponed on some earlier date.
None present for defendant.
Considering the oral request, date is preponed to 24.03.2020 with direction to the Ld. counsel for plaintiff to inform the change in date to the Ld. counsel for defendant.
Matter stands adjn for filing reply to NM on 24.03.2020.
Next Purpose: REPLY
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None for Plaintiff.
Advocate Ravi Irle h/f advocate Ms.Preeti Shah for defendant present and submits that draft of reply to NM is ready and he  will tender it on next date.
Time is granted.
The case is adjourned to 22.02.2021 for NM reply.
LO at 02.35pm,
Advocate Manoj Agiwal for Plaintiff present.
Already the case is adjourned to 22.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Advocate Manoj Agiwal for plaintiff present.
Advocate Ravi Irle h/f adv. Ms. Preeti Shah for defendant present and seeks time.
Time is granted as last opportunity.
The case is adjourned to 26.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 15.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: None for plaintiff.
Adv. Ravi S. Irle I/b Adv. Ms. Preeti Shah for defendant present.
Matter is adjd.to  19-07-2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: None for plaintiff.
Adv. Ravi Irle for deft. present.
In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
The matter is adjd to 21.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: None for plaintiff.
Adv. Preeti Shah for deft. present.  She tendered reply affidavit to N/M.  T.O.R.
The matter is adjd for N/M hearing to 16.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None for plaintiff.
Adv. Ravi Irle for deft. present.
No one appeared for plaintiff.  Therefore, matter is adjourned for hearing on N/M no.4476/19.
The matter is adjd for N/M hearing to 08.10.2021.
L.O. at 03.50 pm.
Adv. Manoj Agiwal for plaintiff present.
The matter is already adjd for N/M hearing to 08.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
By consent, the matter is adjd for N/M hearing to 13.10.2021 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
Heard arguments of Adv. For plaintiff on N/M no.4476/19.
On the request of Adv. For deft, the matter is adjd for  hearing of deft. on N/M to 21.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Preeti Shah for deft. present.
On oral request of Adv. For deft., the matter is adjd for defendant\''s hearing on N/M to 26.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Preeti Shah for deft. present.  Deft. present.
Adv. For deft. filed further affidavit in reply for N/M No.4476/19.  T.O.R.
Heard Adv. For deft. on N/M No.4476/19.
It is submitted on behalf of deft. that the interest amount shown in the income tax returns of the deft. for the assessment year 2019-20 is the amount received by deft.  from the fixed deposits which deft. made from the money given by his son Anmol and daughter Simran as per statements filed along with further affidavit dated 26.10.2021.  Considering the issue involved in the N/M No.4476/19, deft. is directed to give particulars of the fixed deposits which he has made as per statements made in further affidavit dated 26.10.2021.
Ld. counsel for plaintiff sought liberty to file reply to additional affidavit submitted by deft.  Plaintiff is at liberty to file reply to the additional affidavit dated 26.10.2021.
The matter is adjd for reply and hearing to 17.11.2021 at 02.45 pm.
Next Purpose: REPLY
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
By consent, the matter is adjd for reply to 01.12.2021.
Next Purpose: REPLY
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present. Deft. present.
Adv. For deft. tendered additional reply affidavit.  T.O.R.
Adv. For plaintiff tendered rejoinder to reply affidavit dated 26.10.2021.  T.O.R.
Copy of additional reply affidavit is given to Adv. For plaintiff and copy of rejoinder is given to Adv. For deft.
The matter is adjd for further arguments on N/M to 08.12.2021 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: P.O.is on Leave,
Matter Adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Preeti Shah for deft. present.  Deft. present.
Heard both sides on N/M No.4476/19.
Adv. For deft. sought time for filing account statement of HDFC Bank account bearing no.0001500003702. Considering the issue involved in the N/M, time for filing account statement is granted as a last chance.
Adv. For deft. undertakes to serve the copy of accounts statement to Adv. For plaintiff.
The matter is adjd for compliance to 21.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
Exh.4 - Adv. For deft. filed list of documents.  T.O.R.
Exh.5 - Say of plaintiff on documents filed along with list (Exh.4).  T.O.R.
Already arguments of both sides were heard on N/M No.4476/19, therefore, matter be kept for orders on N/M.
The matter is adjd for order on N/M No.4476/19 to 06.01.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
F.R.S.R. following order is passed on N/M No.4476/19 -
ORDER
1.    N/M No.4476/2019 is dismissed.
2.    No order as to costs.
3.    N/M No.4476/2019 is disposed of accordingly.
The matter is adjd for admission/denial and inspection of documents to 08.02.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Preeti Shah for deft. present.
Heard both the sides.
Suit was initially registered as a \''Short Cause Suit\'' and later on,  it is transferred to commercial court. Plaint and Written Statement were presented before regular Civil Court.
Therefore, plaintiff and deft. are directed to file all the documents  in their power, possession, control or custody pertaining to the facts and circumstances of the proceedings.  They are further directed to file declaration on Oath as per Appendix I of the Commercial Courts Act. The matter is adjd for compliance of this order to 15.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Santosh Jadhav for defendant present.
Exh.6 - Advocate for plaintiff tendered list of documents. T.O.R.
Exh.7 - Advocate for plaintiff tendered statement of truth. T.O.R.
Exh.8 - Advocate for defendant tendered list of documents. T.O.R.
Advocate for defendant sought time for filing statement of truth. Time as prayed for is granted.
Copies of the documents filed by Advocate for plaintiff are served to the advocate for defendant and copies of the documents filed by advocate for defendant are supplied to advocate for plaintiff.
The matter is adjd for Compliance to 14.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
Exh.9 - Adv. For plaintiff tendered declaration on oath as per Order 11 Rule 6 Sub-rule (3) of C.P.C.  T.O.R.
Copy thereof is supplied to Adv. For deft.
Adv. For deft. sought time for filing statement of truth and declaration on oath.  Time as prayed for is granted as a last chance.
The matter is adjd for filing statement of truth and declaration on oath to 04.07.2022.
Next Purpose: FOR___________________
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Manoj Agiwal for plaintiff present.
K.B.
L.O. at 12.10 pm.
Adv. Preeti Shah for deft. present.
Adv. For deft. sought time for filing statement of truth. Time as prayed for is granted as a last chance.
The matter is adjd for filing statement of truth to 19.07.2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None for plaintiff.
Adv. Santosh Jadhav for deft. present.
Exh.10 - Adv. For deft. tendered statement of truth. T.O.R.
The matter is adjd for filing affidavit of admission and denial to 02.08.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None for plaintiff.
Adv. Santosh Jadhav for deft. present.  He sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
The matter is adjd for filing affidavit of admission/denial to 18.08.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None for plaintiff.
Adv. Santosh Jadhav for deft. present.
Exh.11 - Adv. For deft. tendered affidavit of admission and denial.  T.O.R.
The matter is adjd for case management hearing to 14.09.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Manoj Agiwal for plaintiff present.
Adv. Ravi Irle for deft. present.
Exh.12 - Adv. For plaintiff tendered affidavit of admission and denial.  T.O.R.
Copy thereof is served to other side.
By consent, the matter is adjd for case management hearing to 30.09.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
(Matter pertains to Court No.14.)
Adv. Manoj Agiwl for Plaintiff present.
Adv. Ravi Irle for deft. present.
Adv. for plaintiff filed Draft issues. t.o.r.
Copy thereof is served to deft.
The Matter is adjd. for case management hearing to 21/10/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: The court is vacant.Hence, Matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: The court is vacant
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: The court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Court is vacant, Hence the matter is adjourned to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Matter received from C.R.No. 14.
From the record it appears that roznamas from 15.06.2021
to 30.06.2021  are not pasted by the staff of concerned
Court before being finally transferred to this Court.
None for plaintiff
Adv. Urvi Shah i/b Preeti Shah for defendant is present.
Ld. adv. for defendant seeks time for filing draft issues.
O- Time granted as prayed for.
Matter is adj for draft issues to 21/08/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None present for plaintiff.
Adv. Santosh Jadhav h/f Adv. Priti Shah for def. is present.
Matter is adj for CMH hearing to 25/09/2023.
LO at 12.45 p.m.
Adv. Manoj Agiwal for plaintiff present.
Exh. 14 – Issues Frame.
Already adjourned to 25/09/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: P.O is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: Adv. Manoj Agiwal for plaintiff is present.
Adv. Urvi Joshi h/f Adv. Priti Shah for deft. is present.
Heard both sides on CMH.
Case Management Hearing/ Schedule.
On or before
Business.
15/12/2023
List of witness a/w Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
15/12/2023to15/02/2024
Evidence of witnesses of plff. ( Chief and Cross examination)
15/02/2024 to15/04/2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 15/04/2024
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavits of witnesses of both the parties to 15/12/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Adv. Manoj Agiwal for plaintiff is present.
Adv. Urvi Joshi h/f Adv. Priti Shah  for def. is present and prayed  that defendant may kindly be granted time to file evidence affidavit. O-Time granted as prayed for.
Exh.15 - List of witnesses.
Exh.16 -Evidence affidavit of PW-1 Mr. Miligres Anand Castelino.
Exh. 17 - Evidence affidavit of PW-2 Mr. Vipul Awaghade
Matter is adj. for recording evidence/evidence affidavits of defendant to 06/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Adv Manoj Agiwal for plaintiff present.
Defendant present.
Adv Urvi Joshi holding for Adv Preeti Shah for defendant present.
On oral request of Ld. Adv for defendant, one week time granted for filing evidence of the defendant.
Matter stands Adj for Evidence on 15/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Adv Kashmira Sangvi a/w Adv Manoj Agarwal for plaintiff present.
Adv Urvi Joshi h/f Adv Preeti Shah for defendant present.
DW 01 Kumar Pribhdas Jaisingh present.
The defendant has filed affidavit of evidence of DW 01. t.o.r. O- R and R. marked as Exh. 18. Copy supplied to the Adv for plaintiff.
Matter stands Adj for marking of documents and Cross-examination on 07/02/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Plaintiff present.
Adv Manoj Agiwal for plaintiff present.
Defendant present.
Adv Preeti Shah a/w Adv Urvi Joshi for defendant present.
PW 01 Milagres Anand Castelino present.
Oath administered to the witness.
She admits contents of examination-in-chief as true and correct.  It bears her signature.
Heard both the Ld. Advocates on marking of documents.
Defendant admitted document at Sr. no. 1, 2, 3, 5, 6, 7, 8 and 14.  Hence they are marked as exhibit -
Document at Sr. no. 1 is photo copy of deed of Partnership dated 19/01/1996 marked as Exh. 19.
Document at Sr. no. 2 is photo copy of Form A marked as Exh. 20.
Document at Sr. no. 3 is photo copy of supplementary deed of Partnership dated 31/03/2004 marked as Exh. 21.
Document at Sr. no. 5 is photo copy of audited financial statement and Form no. 3 CD for the financial year 2016-17 marked as Exh. 22.
Document at Sr. no. 6 is photo copy of plaintiff\''s Advocate notice of dessolution dated 26/03/2018 marked as Exh. 23.
Document at Sr. no. 7 is photo copy of defendant\''s letter dated 28/03/2018 and reply of plaintiff\''s Advocate dated 02/05/2018 marked as Exh. 24 collectively.
Document at Sr. no. 8 is photo copy of income tax acknowledgement of tax return for financial year 2017-18  marked as Exh. 25.
Document at Sr. no. 14 is copy of e-mail dated 12/02/2019 along with copy of Assessment order u/s 143(1) of the IT Act for AY 2018-19 marked as Exh. 26.
Document at Sr. no. 4 is the copy of death certificate of husband of plaintiff.  It is marked as Exh. 27.
Document at Sr. no. 9 is the copy of notice dated 08/02/2019 supported by postal receipts marked as Exh. 28.
Document at Sr. no. 10 is the copy of letter dated 09/10/2018 supported by postal receipt marked as Exh. 29.
Document at Sr. no. 12 is the copy of e-mail is not supported by certificate u/s 65B of Evidence Act hence cannot be marked as exhibit.
Matter stands Adj for Cross-examination on 14/02/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Adv Manoj Agiwal for plaintiff present.
Defendant Kumar Jaising present.
Adv Preeti Shah a/w Adv Urvi Joshi for defendant present.
PW 01 Milagres Castelino present.
The Ld. Adv for plaintiff filed additional affidavit of evidence of PW 01. t.o.r. marked as Exh. 16A. O- R and R.
Oath administered to the witness.
She admits contents of her affidavit of examination-in-chief as true and correct.  It bears her signature.
The plaintiff has filed certificate u/s 65B(4) of the Evidence Act. t.o.r.
The copy of e-mail at Sr. no. 12 filed along with list Exh. 06 being supported by certificate u/s 65B(4) of the Evidence Act is marked as Exh. 30 and certificate is marked as Exh. 31.
KB
LO at 12.29 pm
Same appearance.
Cross-examination of PW 01 partly recorded and deferred till next date.
Matter stands Adj for further cross-examination on 22/02/2024 at 12.00 noon.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Adv Manoj Agiwal for plaintiff present.
Defendant Kumar Jaising present.
Adv Preeti Shah a/w Adv Urvi Joshi for defendant present. PW 01 Milagres Castelino present.
With the consent of both the parties two minor corrections carried out in the deposit of witness.
Further cross-examination of PW 01 partly recorded and deferred till next date.
Matter stands Adj for further cross-examination of PW 01 on 13/03/2024 at 12.00 noon.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Adv Preeti Shah a/w Urvi Joshi for defendant is present.
K.B.
L. O. at. 12.41 p.m.
Plaintiff present.
Adv Manoj Agrawal for plaintiff present.
Adv Preeti Shah a/w Urvi Joshi for defendant is present.
The Ld. Advocate for plaintiff make a submission that he want to take out NM for seeking permission to file additional affidavit of evidence. Therefore, considering the request, matter is adjourned.
Matter stands Adj for Cross-Examination On 02.04.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Adv Manoj Agarwal for plaintiff present.
Adv Priti Shah for defendant present.
Ld. Adv for plaintiff tendered registered NM 1251/2024. t.o.r.
The Ld. Adv for defendant filed reply to NM 1251/2024. t.o.r.
Matter stands Adj for NM Hearing on 10/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Plaintiff present.
Adv Manoj Agiwal for plaintiff present.
Adv Priti Shah for defendant present.
Heard both sides.
F. R. S. R. following order is passed -
Order
1. Notice of Motion No. 1251 of 2024 stands allowed and made absolute in terms of prayer clause (a), subject to payment of Cost of Rs. 3000/- paid by the plaintiff to the defendant within Three weeks from the date of order.
2. Needless to say, payment of cost is a condition precedent, failing which order stands automatically vacated.
3. Upon payment of cost, permission of file additional evidence being electronic document at exhibit \''A\'' and \''B\'' is granted.
4. Notice of Motion No. 1251 of 2024 stands disposed of.
Matter stands Adj for Compliance on 02/05/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: P. O. is on Leave.
None present for plaintiff.
Adv Priti Shah for defendant present.
Matter stands Adj for Compliance on 27/06/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Adv Kashmira Sanghvi h/f Adv Manoj Agiwal for plaintiff present.
Adv Ranjan Solonki i/b Adv Preeti Shah for defendant present.
Ld. Adv for defendant submits that the defendant has received the amount of cost by cheque.
The Ld. Adv for plaintiff submits that her additional affidavit of evidence is ready but witness is not present.
Thus, matter stands Adj for filing additional affidavit of evidence on 23/07/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: P. O. is on Leave.
Adv Manoj Agrawal for plaintiff present.
Adv Priti Shah for defendant present.
Matter stands Adj for Recording Evidence PH on 07.08.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Plaintiff present.
Adv Priti Shah for defendant present.
KB
LO at 12.22 pm
Plaintiff present.
Adv Manoj Agiwal for plaintiff present.
Same appearance for defendant.
Ld. Adv for plaintiff filed additional affidavit of examination-in-chief PW 01. t.o.r. marked as Exh. 32.  O- R and R.
Oath administered to the witness.
She admitted contents of additional affidavit of examination-in-chief as true and correct.  It bears her signature.
Hence, certificate u/s 65B of Evidence Act marked as Exh. 33.
Matter stands Adj for further Cross-examination of PW 01 on 05/09/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Plaintiff present.
Adv Priti Shah for defendant present.
KB
LO at 12.10 pm
Plaintiff present.
Adv Manoj Agiwal for plaintiff present.
Same appearance for defendant.
PW 01 Milagres Anand Castelino present.
Further cross-examination of PW 01 partly recorded and deferred till next date.
Matter stands Adj for further cross-examination on 24/09/2024 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Adv Kashmira Sanghvi for plaintiff present.
Adv Ranjan Solanki for defendant present.
PW 01 absent.
On oral request, matter stands Adj for Cross-examination of PW 01 on 15/10/2024 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: PW 01 present.
Adv Manoj Agiwal for plaintiff present.
Defendant present.
Adv Preeti Shah for defendant present.
Further cross-examination of PW 01 partly recorded and deferred till next date.
Matter stands Adj for further cross-examination of PW 01 on 13/11/2024 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: At 02.45 p.m.
Plaintiff and defendant is present.
Adv. Manoj Agiwal present for plaintiff.
Adv. Preeti Shah for defendant is present.
Matter stands Adj for further cross examination to 28/11/2024 at 02.45 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: Adv Manoj Agiwal for plaintiff present.
Adv Preeti Shah for defendant present.
PW 01 Milagres Castelino present.
Further cross-examination of PW 01 commenced and concluded.  Witness discharged.
Matter stands Adj for Cross-examination of PW 02 on 12/12/2024 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: P. O. is on Leave.
Adv Manoj Agiwal for plaintiff present.
Adv Santosh Jadhav for defendant present.
Matter stands Adj for Further Cross-examination on 13/01/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: Adv Manoj Agiwal for plaintiff present.
Adv Priti Shah for defendant present.
PW 02 Vipul Awaghade present.
PO is busy in recording evidence in time bound matter, matter stands Adj for Cross-examination of PW 02 on 13/03/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: Adv Manoj Agiwal for plaintiff present.
Defendant present.
Adv Preeti Shah for defendant present.
PW 02 absent due to illness.
Matter stands Adj for marking of document and cross-examination of PW 02 on 07/04/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv Manoj Agiwal for plaintiff present through VC.
Adv Ranjan Solanki for defendant present.
PW 02 absent.
On oral request of Adv for plaintiff, matter stands Adj for marking of documents PW 02 on 11/06/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: P. O. is on Leave.
Adv. Manoj Agiwal for plaitiff present.
Adv. Preeti Shah for defendant present.
Matter stands Adj for marking of documents of PW 02 on 02/07/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv Manoj Agiwal for plaintiff present through VC.
Defendant present.
Adv Ranjan Solanki for defendant present.
PW 01 absent.
Matter stands Adj for Cross-examination of PW 02 on 24/07/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv Manoj Agiwal for plaintiff present through VC.
Defendant in person present.
On oral request of Adv for plaintiff, matter stands Adj for marking of documents of PW 02 on 12/08/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv Manoj Agiwal for plaintiff present.
Defendant present.
Adv Preeti Shah for defendant present.
PW 02 Vipul Vishnu Awaghade present.
Due to paucity of time, matter stands Adj for cross-examination of PW 02 on 12/09/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: P. O. is on Leave.
Adv Manoj Agiwal for plaintiff present through VC.
Defendant present.
Matter stands Adj for Cross-examination of PW 01 on 15/10/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Adv Manoj Agiwal for plaintiff present.
None present for defendant.
PW 02 absent.
On oral request of Adv for plaintiff, matter stands Adj for Cross-examination of PW 02 on 12/11/2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: None present.
K.b.
L. O. at 02.55 p.m.
Adv Manoj Agiwal for plaintiff present through V. C.
Adv Ranjan Solanki for defendant present.
On oral request of advocate for defendant, Matter stands Adj for Cross-Examination of PW-2 on 25.11.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-12-2025

Date: 11-12-2025
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-04-2026

Date: 24-04-2026
Business: Court is not sitting.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: Adv Ranjan Solanki i/b Adv Preeti Shah for defendant present.
Plaintiff and its Adv absent. Plaintiff is directed to keep the witness present on next date.
Matter adjourned to 14.07.2026 for cross examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: Adv Manoj Agiwal for plaintiff present.
Adv Preeti Shah a/wAdv Rajan Solanki for defendant present.
Defendant Mr. Kumar Jaising Present.
Witness absent.
On the request of adv for plaintiff time granted till next date and matter is fixed at 02:45PM.
Matter adjourned to 12.08.2026 for recording evidence PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: P. O. is on training.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Adv Manoj Agiwal for plaintiff present through VC.
Adv Ranjana Solanki for defendant present.
Witness (PW2) not present.
On oral request of adv for plaintiff time granted till next date as last chance.
Matter adjourned to 14.10.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-10-2026

NOTICE OF MOTION/101251/2024
NOTICE OF MOTION/104476/2019

Registration Number: 100914/2021
Transfer Date: 27-05-2021
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100914/2021
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100914/2021
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100914/2021
Transfer Date: 22-12-2023
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 102036/2019
Filing Date: 08-02-2019
First Hearing Date: 29th June 2019
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE