Date: 05-08-2019
Business: Adv. Ms. Zeenet Pirani i/b Ms. Pirani and Co. for plaintiff.
Adv. Nikhil Mishra for defendant present and filed Vakalatnama.
Exh. 1 Plaint.
Exh. 2 Affidavit of service of writ of summons.
Exh. 3 Vakalatnama of Advocate for defendant. T.O.R.
Advocate for defendant prays time to file written statement.
Adjd to 09.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Ms.Zeenat Pirani i/b M/s.Pirani and Co for plaintiff is present.
Adv. Ms.Nikhil Mishra for defendant is present.
At the request of advocate for defendant, adjourned to 18.09.2019 for filing Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: THE HONBLE PRINCIPAL JUDGE IS ON LEAVE.
Adv. Ms. Zeenat Pirani I/b M/s. Pirani and Co. for plaintiff present.
Adv. Mr. Nikhil Mishra for defendant present.
Adjourned to 01.10.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Ms. Zeenet Pirani i/b Ms. Pirani and Co. for plaintiff is present.
Adv. Nikhil Mishra for defendant is present and filed adjournment application for filing written statement. TOR and marked as Exh.4.
O - Granted.
Adjourned to 11.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: None present for plaintiff.
Adv. Nikhil Mishra for defendant is present.
At the request of advocate for defendant, adjourned to 16.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Zeenat Pirani I/b Pirani and Co for plaintiff is present.
Adv. Mishra for defendant is present and filed application for time to file WS. TOR and marked as Exh.5.
Order - Last chance is granted.
Adjourned to 22.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Plaintiff and advocate for plaintiff both are absent.
Adv. Nikhil Mishra for defendant is present and filed Written Statement. TOR and marked as Exh.6.
Advocate for defendant is directed to serve copy of written statement to plaintiff.
Adjourned to 14.11.2019 for filing Documents and Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. L. A. Pirani I/b M/s. Pirani and Co for plaintiff is present.
None present for defendant.
At the request of advocate for plaintiff, adjourned to 05.12.2019 for filing Documents and draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Jinat Pirani i/b M/s.Pirani and Co for plaintiff is present.
Adv. Nikhil Mishra for defendant is present.
Adjourned to 17.12.2019 for filing Documents and draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. L. A. Pirani i/b Pirani and Co for plaintiff is present.
Advocate for plaintiff filed list of documents. TOR and list is marked as Exh.7.
He also filed draft issues. TOR and marked as Exh.8.
None present for defendant.
KB
LO at 03.10 pm.
Adv. L. A. Pirani i/b Pirani and Co for plaintiff is present and filed affidavit of service of notice on the defendant. TOR and marked as Exh.9.
None present for defendant.
Adjourned to 08.01.2020 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. L. A. Pirani i/b M/s.Pirani and Co for plaintiff is present.
Adv. Nikhil Mishra for defendant is present.
Advocate for defendant submits that draft issues submitted by plaintiff are sufficient to determine the issues.
I have gone through the draft issues Exh.8 and find to the appropriate. Accordingly the issues be framed as per draft issue.
Exh.10 - Issues framed.
Adjourned to 23.01.2020 for filing list of witnesses by both the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: CORAM HIS HONOUR 2ND ADDITIONAL PRINCIPAL JUDGE, SHRI A. N. KARMARKAR (C.R. NO. 54)
(Matter pertains to C.R. No. 19)
Adv. L. A. Pirani for plaintiff present.
Adv. Nikhil Mishra for defendant present.
Adv for plaintiff filed list of witness.
Copy is served to adv. for defendant.
Adjd to 07.02.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. L. A. Pirani for plaintiff is present.
None present for defendant.
KB
Later on
Adv. L. A. Pirani i/b M/s. Pirani and Co for plaintiff is present and tendered affidavit of examination-in-chief of PW-1 Roshan Minoo Hansotia. TOR and marked as Exh.12.
Adv. Nikhil Mishra for defendant is present.
Witness is present.
Deposition of PW-1 Roshan Minoo Hansotia is commenced and examination-in-chief is completed by advocate for plaintiff.
Art.A - Bank statement of account maintained by PW-1 in Yes Bank.
Exh.13 - Promissory Note.
Art.B - Bank statement of account maintained by PW-1 in Indian Overseas Bank.
Art.C - Original Letter of Indian Overseas Bank.
Exh.14 to Exh.16 respectively - Advocate Notice dt.25.02.2019 alongwith receipt and acknowledgment.
Art.D - Original Slip of Evergreen Enterprise dt. 04.11.2015.
At the request of advocate for defendant, adjourned to 21.02.2020 for Cross Examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. L. A. Pirani for plaintiff is present.
None present for defendant.
PW-1 is present.
KB
Later on
Adv. L. A. Pirani for plaintiff is present.
Adv. Nikhil Mishra for defendant is present.
PW-1 Roshan Minoo Hansotia is present.
Further evidence of PW-1 Roshan Minoo Hansotia is resumed on SA and cross examination is completed by Adv. Mishra.
Exh.17 - Bank Statement of Yes Bank at Exh.A to the plaint, Page No.12.
Exh.18 - Letter of Indian Overseas Bank (earlier marked Art.C in list of documents).
Adjourned to 04.03.2020 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Zeenat Pirani I/b M/s. Pirani and Co for plaintiff is present.
Adv. Nikhil Mishra for defendant is present.
Advocate for defendant today admitted documents which was already marked as Art.A and Art.B (listed in Exh.7 at Sr. No.1 and 3), hence these are exhibited as -
Exh.19 - Original certified statement of saving bank account No.001090700004540 maintained by the plaintiff in Yes Bank Ltd, Andheri West Branch (earlier marked as Art.A). TOR.
Exh.20 - Original certified bank statement of the saving bank account No.075602000002103 maintained by plaintiff in Indian Overseas Bank, Chakala Branch.(earlier marked as Art.B). TOR.
Exh.21 - Evidence closure pursis filed by advocate for plaintiff. TOR.
Adjourned to 19.03.2020 for recording evidence of Defence Witness.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both parties and their advs are absent.
Adjourned for recording evidence of defendants witness to 7.4.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Zinat pirani for plaintiff present.
None for defendant
plaintiff has closed the evidence vide Exh. 21 on 04-03-2020. There is no detailed roznama during lock down for nine months. Hence, plaintiff is directed to inform the defendant or his lawyer to remain present on next date with evidence affidavits.
Defendant to positively remain present on next date, in default court may proceed for evidence close order.
Matter is adjd.to 05-02-2021 for R/E P.H.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Zinat Pirani for plaintiff present.
Adv. Nikhil Mishra @ Adv. Vishwajitwala for defendant submits that there will be only one witness on behalf of defendant, prayed for adjournment.
Matter is adjd.to 11-02-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None for plaintiff.
Adv.Mr. Nikhil Mishra for defendant, prayed for short adjd. as r/o. 16.02.2021 to lead evidence.
Matter is adjd.to 16.02.2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Ms. Zinat Pirani for plaintiff present.
Adv. Mr. Nikhil Mishra for defendant present.
Exh.22- DW-1 Mr. Dhawal Karia submitted evidence affidavit.
Ehx.23- List of documents.
Copy served on plff.
Matter is adjd.to 24.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Mr. Pirani for plaintiff present.
Adv. for defendant absent.
DW-1 Mr. Dhaval Karia, submits that his lawyer went to hospital for Corona test, prayed for adjd. r/o. 26.02.2021 at 12.00 p.m. Adjd is granted as prayed.
Matter is adjd.to 26.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Mr. Pirani for plaintiff present.
Adv. Mr. Nikhil Mishra for defendant present.
DW-1 Mr. Dhawal Karia is present.
Cross-examination of DW-1 was recorded below Exh.22.
Matter is adjd.to 11.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Ms. Muskan Singh for plaintiff present.
Adv. Mr. Nikhil Mishra for defendant present.
Matter is adjd.to 18.03.2021 for R/E (P.H.) at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Mr.Pirani for plaintiff, submits that cross-examination of DW-1 is yet not over.
Adv.Mr. Nikhil Mishra for defendant, prayed for adjd. as witness is suffering from fever.
Matter is adjd.to 30.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Ms.Zinat Pirani for plaintiff, submits that adv. Mishra for deft. informed on Telephone that DW-1 is suffering from Covid and asked to seek adjd.
None for defendant.
Matter is adjd.to 19.04.2021 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Both parties are absent.
Matter is adjd.to 28.06.2021 for R/E (P/H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 15.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Zeenat Virani for plaintiff present.
None for the defendant.
Matter is adjd. to 29.10.2021 for cross examination of DW-1
Dhawal on Exh.22.
Next Purpose: HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Pirani for plaintiff present.
Adv. Murtuza Bohra for defendant present.
On perusal of record, it appears that cross examination of DW – 1 Dhawal is already completed on 26-02-2021. Thereafter, the defendant has not filed on record evidence affidavit of any other witness. Hence, the defendant is directed to clarify his stand regarding examination of other witnesses, if any, on the next date of hearing.
Matter is adjd.to 12-10-2021 for R/E (Deft.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: None for plaintiff.
Adv. Nikhil Mishra for defendant present and prayed for short adjournment in order to clarify whether lead further evidence or not. - Short date be given.
Matter is adjd.to 30-10-2021 for R/E.
LO
Adv. Zinnat Pirani for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Jinat Pirani for plaintiff present and filed application for production of documents t.o.r. and marked as Exh.24 - other side to say.
Adv. Murtuza Bohra i/b Nikhil Mishra for defendant present.
Adv. Murtuza Bohra has given say on Exh. 24 stating that the defendant undertakes to submit Bank Statement from 01-11-2015 to 30-11-2015 on the next date of hearing. Considering say of the defendant on Exh. 24, short date be given in the matter.
Matter is adjd.to 20-11-2021 for hearing on Exh. 24
Next Purpose: HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Rajvi C. Choksi for plaintiff present.
Adv. Nikhil Mishra for defendant present and filed pursis with bank statement t.o.r. and marked as Exh.25 & Exh. 26 respectively.
He also filed application for adjournment to move application for following witness Nilesh Bharani t.o.r. and marked as Exh. 27 – other side to say.
Other side stated in the say that one weeks adjournment may be given.
Considering stage of the matter, Exh. 27 is allowed as a last chance.
Matter is adjd.to 04-12-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Zinat Pirani for plaintiff present.
Adv. Murtuza Bohra for defendant present and filed application for issuing witness summons - t.o.r. and marked as Exh.28 - other side to say.
Adv. Zinat Pirani received copy of Exh.28.
Heard both sides on Exh.24, Exh.27 and Exh.28.
On perusal of the records, it is clear that the defendant filed bank statement Exh.26 with pursis Exh.25. Exh.26 correspond with bank statement filed by the plaintiff with application Exh.24. For this reason, bank statement filed with application Exh.24 can also be exhibited without prejudice to the defendant. Hence, application Exh.24 is allowed and bank statement filed with it is marked as Exh.29.
So far as application Exh.27 is concerned, it was an adjournment application moved by the defendant for seeking time to file application to call Mr. Nilesh Bharani as a witness. Today, application Exh.28 is filed by the defendant. Contents in Exh.28 do not disclose name of Nilesh Bharani. Exh.28 speaks about examination of the said broker of M/s Evergreen enterprises. It is pertinent to note that para 6 of the plaint states about role of the broker and the defendant has denied this aspect in para 8 of the written statement. In such circumstances, there is no relevance of examining the alleged broker in view of section 101 to 105, of the Evidence Act. Name of the witness is not mentioned in application Exh.28. The defendant has filed this application after consuming long span of time after examining D.W.1 Dhawal on 26-02-2021. For all these reasons, application Exh.27 is filed having become infructuous and application Exh.28 is rejected. Evidence of defendant is closed.
Matter is adjd.to 06-01-2022 for final arguments at (2.45pm).
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Pirani for plaintiff present.
None for defendant.
Considering stage of the matter and the fact that Ld. Counsel Shri. Pirani for the plaintiff is ready for argument, last chance is given to the defendant for argument. As it would be more appropriate to hear both sides in presence of each other, matter is adjourned for argument. Short date be given in the matter.
Matter is adjd.to 14-01-2022 for argument. (2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 31-01-2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Ms. Shivani Rane for plaintiff present.
Adv. Ms. Mansi Jain h/f Adv. Nikhil Mishra for defendant present and prayed for adjournment – short date be given.
Matter is adjd.to 08-02-2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Mr. Pirani for plaintiff present.
None for defendant.
Heard ld. Adv. Mr. Pirani for the plaintiff.
Adv. Ms. Mansi Jain h/f Nikhil Mishra for defendant present and submitted that short date may be given for argument of the defendant.
Considering the stage of the matter, short date be given in the matter for arguments of the defendant.
Matter is adjd.to 17-02-2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Pirani for plaintiff present.
Adv. Nikhil Mishra for defendant present and filed adjournment application t.o.r. and marked as Exh.30 – other side to say.
Adv. Pirani has given say at the back side of Exh. 30.
Heard both sides on Exh. 30.
Considering stage of the matter and the fact that Ld. Counsel
Shri Pirani for the plaintiff has already completed his
argument, longer date is not expected to be given for hearing
the argument of the defendant. Hence, this application is
allowed as a last chance subject to cost of Rs. 500/- .
Matter is adjd.to 01-03-2022 for final argument (12.00
noon)
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Pirani a/w Adv. Shivani Rane for plaintiff present.
Adv. Nikhil Mishra for defendant present.
Heard Ld. Adv. Nikhil Mishra for defendant.
Heard Ld. Adv. Pirani for plaintiff.
Matter is adjd.to 05-03-2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None for plaintiff.
None for defendant.
Judgment is partly dictated to Stenographer directly on computer. Since Court time is over, adjourned to the next working day i.e. 07-03-2022 for judgment.
Matter is adjd.to 07-03-2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None for plaintiff.
None for defendant.
Exh.31 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 47/2019 is decreed.
2. The defendant is directed to pay amount of Rs.7,25,500/- (Rupees Seven Lakhs Twenty-five Thousand Five Hundred Only ) to the plaintiffs within three months from the date of decree.
3. The defendant is further directed to pay interest at the rate of 1.25 percent per month on principal amount of Rs. 5,00,000/- from the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 07-03-2022