Date: 02-08-2019
Business: Adv. Nihar Shaikh for plaintiff present.
Adv. Unnati Bane for defendant present.
Matter adjd for WS on 17/09/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. Shrikant Pille for plaintiff present.
Ld. counsel for plaintiff file application for summary Judgment. TOR. Leave granted. It be register. Plaintiff to serve the application for summary Judgment to defendant returnable after 30 days.
Matter adjd for reply on 14/10/2019.
Next Purpose: REPLY
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Shaikh for plaintiff present.
Ld. counsel for plaintiff tendered original writ of summons a/w covering letter about service on defendant. TOR.
As per said acknowledgement defendant has received suit summons on 24/09/2019.
Adv. Ganpat Monde for defendant present.
Ld. counsel for plaintiff filed application No.01/19 for summary Judgment. TOR.
Defendant is already served this copy.
Matter adjd for reply on 13/11/2019.
Next Purpose: REPLY
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Shrikant Pillai for plaintiff present.
Adv. Ganpat Monde for defendant present.
Ld. counsel for plaintiff agreed to give inspection of original documents to defendant.
Matter adjd for reply on 04/12/2019.
Next Purpose: REPLY
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: REPLY
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Mr. Shrikant Pilley for plaintiff present.
Adv. Mr. Ganpat Mudey for defendant present.
Ld. advocate for defendant has submitted that page no. 38 to 41 i.e. Exh. B filed with the plaint is not matching with the original sown to the defendant advocate at the time of inspection of document Ld. Advocate for plaintiff is ready to bring original documents(Exh. B) before the court. Hence, time granted till next date to bring original documents before the court.
Matter adjd for bringing document before the court on 7.1.2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Shaikh for plaintiff present.
None Present for the Deft.
Kb.
Later on at 12.13pm.
Adv. for plaintiff filed pursis with original of Exh.B of the plaint. t.o.r.
Matter adjd for reply on summary judgement no.01/19 on 21/01/2020.
Later on at 4.25 pm.
Adv. Ganpat for defendant present.
Next Purpose: REPLY
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Adv. Prashant for defendant present.
The Ld Adv appearing for deft seeks time to file reply to Summary Judgment No.01/2019.
He submits that there is marriage of his brother in the month of February, 2019. He requests to keep the matter on 05/02/2020.
Matter adjd for filing reply to summary judgement on 05/02/2020 at 11.00 am.
Next Purpose: REPLY
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Dev Motta for plaintiff present.
Adv. Ganpat Monde for defendant present.
KB. L.O. at 12.36 pm
Adv Shrikant Pille for plaintiff present.
KB L.O. at 4.06 pm.
Ld adv for defendant filed reply to the summary judgement no. 01/2019 t.o.r. O- R and R.
Matter adjd for hearing on summary judgement application to 24-02-2020 at 11.00 pm.
Next Purpose: HEARING
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Anand Tripathi for plaintiff present.
Adv. Akash Palsamkar for defendant present.
On the oral request of Ld. Counsel for plaintiff matter is adjourned.
Matter adjd for hearing on 06-03-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Shrikant Pille for plaintiff present.
Adv. Ganpat Monde for defendant present.
On the request of Ld. Adv for defendant matter is adjourned.
Matter adjd for hearing on summary judgment of 01/2019 to 16-04-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: CORAM H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for hearing on summary judgment to 16/10/2020.
Next Purpose: HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Nihal Shaikh for plff present.
None for deft.
On oral request of adv for plff., matter adjd for hearing on Summons for Judgment. Request is allowed.
Matter adjd. for hearing on summons for judgment to 24/11/2020.
Next Purpose: HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on summons for judgment to 15.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Shrikant Pille for plaintiff , submits that Ld. Adv. for defendant requested him to take short adjd..
None for defendant
following documents are already on record, however there marked today -
Exh. 4- Application submitted by plaintiff on dtd. 17-09-2019 for summary judgment.
Exh. 5 - Reply of defendant filed on record on 05-02-2020.
Matter is adjd.to02-03-2021 for argument on Exh. 4
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. for Nihal Shaikh plaintiff present.
None for defendant.
Matter is adjd.to 19/03/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Nihal Shaikh for plaintiff, prayed for adjournment.
None for defendant.
Matter is adjd.to 26.03.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Nihal Shaikh for plaintiff, submits case laws for reference.
None for defendant.
Matter is adjd.to 07.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Mr. Nihal Shaikh for plaintiff, prayed for short adjmnt.
None for defendant.
Matter is adjd.to 04.05.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: Adjd. due to Covid.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Adv. Shrikant Pillai for plaintiff present.
Matter is adjd.to 05-07-2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv. Mr. Nihal Shaikh for Plff present.
None present for Deft.
Heard arguments of Adv. Shaikh for Plff on the point of summary judgment.
Matter is adjd.to 12.07.2021 for arguments by deft on
n/m.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Adv. Nihal Seth for Plaintiff present.
None for Defendants.
Matter is adjd.to 02.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Shrikant Pille for plaintiff present.
None for defendant.
As the defendant and his adv. failed to appear and argue on Exh. 4, matter is adjourned for order on Exh. 4
Adjd to 11-08-2021 for order on Exh. 4.
Next Purpose: ORDER
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Shrikant Pille for plaintiff present.
None for defendant.
F.R.S.R the following order is passed on Exh. 4 Application for Summary Judgment No. 1/2019 -
Order -
Application for Summary Judgment No. 1/19 (Exh. 4) is rejected.
Matter is adjd.to 30-08-2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Shrikant Pille for plaintiff present.
None for defendant
Matter is adjd.to 28-09-2021 for framing issues.
LO
Adv. Aakash Palsamkar for defendant present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Shrikant Pillai for plaintiff present.
Adv. Ganpat Munde for defendant present.
Matter is adjd.to 17-11-2021 for filing statement
admission/denial of documents with affidavit by both
sides.
Next Purpose: FOR___________________
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Nihar Shaikh for plaintiff present.
Adv. Akash Palsamkar for defendant present
Matter is adjd.to 22-12-2021 for filing affidavit of
admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: None for plaintiff.
Adv. Reena Lange for defendant and prayed for adjournment – short date be given.
Matter is adjd.to 21-01-2022 for filing affidavit of
admission/denial by both sides.
LO
Adv. Kaushal Udeshi h/f Mustafa Motiwala for plaintiff present and
filed statement of admission and denial of documents with
affidavit t.o.r. and marked as Exh. 5
He also filed certificate U/s 65 B of the Evidence Act t.o.r. and
marked as Exh.6
Matter is adjd.to 21-01-2022 for filing affidavit of
admission/denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Mr. Dev Mota for plaintiff present.
None for defendant.
Matter is adjd.to 15-02-2022 for statement of admission
and denial by defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Kaushal Udeshi i/b Adv. Motwala for plaintiff present.
None for defendant.
Matter is adjd.to 09-03-2022 for admission and denial
by defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Dev Mota for plaintiff present.
Adv. Ganpat Monde for defendant present and prayed for adjournment- short date be given as a last chance .
Matter is adjd.to 31-03-2022 for admission denial by
deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Nihal Shaikh for plaintiff present.
Adv. Ganpat Monde for defendant present and filed statement of admission and denial t.o.r. and marked as Exh.7
Adv. Nihal Shaikh for plaintiff received copy of Exh. 7.
Matter is adjd.to 25-04-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Dev Motta for plaintiff present.
Adv. Monali Solanki for defendant present.
Exh. 8 - Issues framed.
Matter is adjd.to 22-06-2022 for case management
hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Dev Mota for plaintiff present.
None for defendant when called.
As for defendant is absent, matter is adjourned
Adjd for case management hearing to 20/07/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Reena Lange for defendant present.
Adv. Dev Motta for plaintiff present.
Adjd for case management hearing to 28/07/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv.Kaushal Udeshi i/b Mustafa Motiwala for plaintiff present.
None for defendant.
Heard plaintiff advocate on case management. Exh- 9 case management order passed.
SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING
ORDER XV-A RULE 1 OF CPC
Heard learned counsel Mr. Kaushal Udeshi for the plaintiff on the point of case management hearing. None for defendant present. In this suit, issues are framed on 25/04/2022 at Exh.8. The case management hearing is conducted today in consonance with Order XV-A Rule 1 and 5 of the CPC for completion of remaining stages in the matter. Following schedule of case management is determined
1. Filing List of witness - on or before 06/08/2022.
2. Filing of evidence of plaintiff as well as original documents - on or before 12/08/2022.
3. For filing say on documents by defendants -on or before 20/08/2022
4. Hearing argument of both sides on the documents- on or before 24/08/2022.
5. For passing orders on documents on or before 26/08/2022
6. Further examination in chief of plaintiff and marking of documents on or before 30/08/2022
7. For cross-examination of plaintiff on or before 06/09/2022
8. Evidence of the witness of plaintiff to be recorded by conducting cross-examination and re-examination - on or before 12/09/2022.
9. Evidence of defendant to be recorded on or before 19/09/2022
10. Evidence of witness of defendant to be recorded on or before 23/09/2022
11. Filing of written argument by both the side - on or before 30/09/2022.
12. For advancing oral arguments with time limit of two hours to either side. see Order XVIII Rule 2 3-F of the CPC - on or before 03/10/2022.
Both sides are directed to adhere to time frame as far as possible. Consequences for non-compliance with orders as per Order XV-A Rule 8 of the CPC may ensue/follow. Sd/- A.S.SALGAR Judge, City Civil Court, Court Room No.31 Date 28/07/2022. Mumbai.
Adjd. to 06.08.2022 for list of witness.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Monali Solanki for defendant present.
Adv. Dev Motta for plaintiff present. Plaintiff absent. Defendant absent
Exh-9 List of witness filed by adv. for plaintiff.
Adjd for evidence to 12/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Reena Lange for defendant present.
Adv. Nihal Shaikh and adv. Dev Motta for plaintiff present.
Witness absent.
Exh- 10 Affidavit of evidence of Arpita Sandip Jadhav filed. O- Plaintiff’s witness is absent. Hence affidavit is kept for verification.
Exh- 11 List of documents. O- Other side to say.
Adjd for evidence to 24/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Prashant Pophale for defendant present. Plaintiff present.
Adv. Dev Motta for plaintiff present.
Exh- 12 Application for rejection of plaintiffs affidavit evidence on ground of defective verification. O- Plaintiff to say.
Adjd for reply to Exh. 12 to 14/09/2022
Next Purpose: REPLY
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: None present for plaintiff.
Adv. Ganpat Munde for defendant present.
Kb...
later on at 12.03 pm
Nihal Shaikh for plaintiff present.
Exh.13- Ld. Adv. for plaintiff file Reply filed by defendant Exh.12
Copy of Exh.13 served to otherside.
Matter adjd for argument on Exh.12 on 09.11.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Nihar Shaikh along with adv. Dev Motta for plaintiff present.
adv. Prashant Pophale h/f Adv. Ganpat Monde for defendant present. on request of both sides matter kept in afternoon session for arguments.
L. Oat 4.45 pm
Adv. Nihar Shaikh along with adv. Dev Motta for plaintiff present.
adv. Prashant Pophale h/f Adv. Ganpat Monde for defendant present.
heard arguments of adv. Mr. Pophale for defendant and adv. Nihar Shaikh on Exh.12
Adjd for order on Exh.12 to 15/11/2022
Next Purpose: ORDER
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Dev Motta for plaintiff present.
Adv. Prashant Pophale for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for order to 22/11/20222
Next Purpose: ORDER
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Nihal Shaikh a/w Dev Mota for plaintiff present.
Court busy in hearing arguments in NM.
Adjd. to 02/12/2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Dev Motta for plff. present. None present for defendant. Court busy in passing order in other suit hence adjd.
Adjd for order to 17/12/2022
Next Purpose: ORDER
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Nihal Shaikh for plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 20/12/2022
Next Purpose: ORDER
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Dev Motta along with adv. Vishesh Kulkarni for plaintiff present.
Court busy in passing order in NM 4175/22, NM 4176/22, NM 4174/22, and NM 3852/22
Adjd for order on 22.12.2022
Next Purpose: ORDER
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Vishesh Kulkarni for plaintiff present.
None for defendant.
Court busy in passing Judgment in Commercial Suit No.160/19 and Commercial Suit No.161/19. Hence adjourned.
Adjd to 11.01.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Vishesh Kulkarni h/f Dev Motta for plaintiff is present.
Adv. Ganpat Monde for defendant is present.
Court busy in judgment of commercial summary suit no. 386 of 2022 and 397 of 2022, order in Notice of motions and recording evidence in commercial suit 413/2020.
case is adjourned for order to 18-01-2023.
Next Purpose: ORDER
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv Dev Motta for plaintiff is present.
None for defendant.
KB
F.R.S.R. following order below Exh.12 is passed
1. Application at Exh.12 is disposed off.
2. The plaintiff is permitted to cure defect in the affidavit and make correction in the verification clause of his affidavit or the plaintiff is permitted to file additional affidavit of examination in chief.
3. Order accordingly.
Case is adjourned for compliance by plaintiff to 18-02-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Dev Motta a/w Adv. Vishesh Kulkarni i/b Adv. Mustafa Motiwala for plaintiff is present.
None for defendant.
PW-01 is present.
Additional affidavit of PW-01 namely Arpita Jadhav is filed in view of order passed on Exh.12. The said additional affidavit of witness be attached with Exh.10. Court passed Order on both affidavit- Plaintiff witness namely Arpita Jadhav is present before the Court. She admits the contents of affidavit. Hence, it is read and recorded.
Case is adjourned for marking documents to 10-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Nihal Seth alongwith Dev Motta for plaintiff present.
Adv. Ganpat Monde for defendant present.
Adv. for plaintiff filed draft NM alongwith affidavit. O- leave granted to register the NM
copy served to the defendant.
Case is adjourned on 06.04.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO on leave. Board discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv. Dev Motta for plaintiff is present and tendered original registered Notice of Motion No.1006 of 2023 along-with affidavit t.o.r.
Adv Ganpat Monde for defendant is present and sought time for filing NM reply. Granted.
Case is adjourned for NM reply to 28-06-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Adv. Vishesh Kulkarni present for plaintiff.
Adv. Prashant Pofale present for defendant.
Exh.13- Application filed by defendant for seeking time to file reply.
Parties to take steps. Else, put for necessary order.
Matter adjourned to 19.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Shri Dev Mota present for plaintiff.
Adv. Shri Prashant present for defendant.
Exh.14 reply filed by defendant to NM.
Parties to argue the NM on next date without fail.
Adjourned to 22.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Heard Adv. Niyaz Shaikh for plaintiff.
Adv. Muniya Phophale present for defendant.
Defendant is seeking oral adjournment for arguments.
Matter adjourned to 28.08.2023 for arguments of defendant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Dev Motta present for plaintiff.
Adv. Prashant Pofale present for defendant.
On oral request of defendant matter adjourned.
Matter adjourned to 08.09.2023 at 12.30 Hrs for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv.Dev Motta and Vishesh Kulkarni present for plaintiff.
Adv. Prashant Phophale and Ganpat Monde present for defendant.
Heard, argument of both sides on Notice of Motion No. 1006 of 2023.
KB.
Matter adjourned to 14.09.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Dev Motta and Adv. Vishesh Kulkarni present for plaintiff.
Adv. Ganpat Monde present for defendant.
FRSR following order is passed in NM 1006 /2023.
ORDER
1. Notice of Motion No. 101006 of 2023, is allowed, subject to Cost of Rs. 10,000/- (Rs. Ten Thousand Only).
2. The plaintiff shall pay said Cost by next date.
3. If the plaintiff pays the Cost to the defendant by next date, then plaintiff be permitted to file additional documents.
4. Order pronounced in Open Court in presence of Adv. Dev Motta for plaintiff by explaining the substance of Order.
5. Parties be informed about their right to challenge this Order and period of limitation for it.
6. Proceeding of Notice of Motion No. 101006 of 2023 is closed.
7. The record of Notice of Motion shall be part and parcel of the main Commercial Suit No. 100041 / 2019.
Matter adjourned to 25.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Infobip India V/s Bhagyawan Nanjarekar
Adv. Vishesh Kulkarni present for plaintiff.
Adv. Prashant Pofale present for defendant.
Plaintiff submitted that, he has brought the cheque regarding the Cost.
Defendant submitted that, he has accepted the cheque.
Exh.15 - Pursis file by plaintiff stating that, he is filing following documents.
In view Order Dt. 14.09.2023, those documents are taken on record, as follows
Exh.16 - Additional affidavit of Arpita Jadhav.
Exh.17 - additional List of documents filed by plaintiff.
Exh.18 - Affidavit u/s 65 B of Indian Evidence Act.
Parties to take appropriate steps.
Case adjourned to 03.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024.
Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Dev Motta present for plaintiff.
Plaintiff witness absent.
Defendant side called, but absent.
Parties to take appropriate steps.
Case adjourned to 19.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Infobip India V/s Bhagyawan Manjarekar
Adv. Dev Motta present with plaintiff witness Arpita Jadhav.
Adv. Prashant Pophale present for defendant.
Heard both counsels.
Perused evidence affidavit of Arpita Jadhav at Exh.10, List of documents at Exh.11, Exh.17 and affidavit u/s 65B at Exh.18.
Exh.19
Original Copy of Messaging Services
Agreement Dt. 07.03.2015, between plaintiff
and defendant.
Exh.20
Postal receipt Dt.15.12.2017.
Exh.21
Acknowledgment Card Dt.15.12.2017.
Exh.22
Postal receipt Dt.15.12.2017.
Exh.23
Acknowledgment Card Dt.15.12.2017.
Exh.24
Postal receipt Dt. 15.12.2017.
Exh.25
Returned Envelop Dt. 15.12.2017.
Exh.26
Postal receipt Dt. 15.12.2017.
Exh.27
Returned Envelop Dt. 15.12.2017.
Exh.28
Postal receipt Dt.26.09.2018
Exh.29
Returned Envelop Dt.26.09.2018.
Exh.30
Email Dt. 16.11.2015 sent by Sarthak to Bhagyan.
Exh.31
Email Dt. 07.12.2015 sent by Sarthak to Bhagyan.
Exh.32
Email Dt. 23.02.2016 sent by Sarthak to Bhagyan.
Exh.33
Email Dt. 29.02.2016 sent by Sarthak to Bhagyan.
Exh.34
Email Dt. 07.03.2015 sent by Sarthak to Bhagyan.
Exh.35
Email Dt. 09.03.2015 sent by Sarthak to Bhagyan.
Exh.36
Email Dt. 30.05.2016 sent by Sarthak to Bhagyan.
Exh.37
Email Dt. 17.08.2016 sent by Sarthak to Bhagyan.
Exh.38
Original copy of Addendum No.1 Dt.19.06.2015,
to the Messaging Services Agreement Dt.07.03.15.
Defendant objected allotting exhibit mark to
the Addendum on the ground that, its copy filed
by the plaintiff at Page No. 38 of the plaint and
the document at Exh.38 are having mismatch.
Case adjourned to 22.02.2024 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Infobip India V/s Bhagywan Manjarekar
Adv. Vishesh Kulkarni present for plaintiff.
Plaintiff witness Arpita Jadhav present.
Suit is pending for cross-examination of plaintiff Aripita.
Defendant side called, but absent.
Plaintiff counsel submitted that, he want to prefer an application for additional documents.
Parties to take appropriate steps.
Suit adjourned to 01.03.2024 for evidence.
Later on at 13.18 Hrs.
Defendant Bhagyawan Manjrekar present.
Suit adjourned to 01.03.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Infobip India V/s Bhagywan Manjarekar
Adv. Dev Motta present for plaintiff.
Defendant Bhagyawan Manjrekar present.
Exh.39 - Draft Notice of motion filed by plaintiff.
Exh.40 - Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Parties to complete pleadings and to supply documents to each other. Parties shall argue pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 25.04.2024 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Infobip India V/s Bhagyawan Manjarekar
Adv. Dev Motta present for plaintiff.
Registered Notice of Motion No. 1052 / 2024 filed by plaintiff.
Defendant to file reply.
Suit adjourned to 20.07.2024 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Adv. Dev Motta present for plaintiff.
Defendant side called, but absent.
Plaintiff has tendered NM No. 1052 / 2024 for filing additional documents.
Defendant to file reply to Notice of Motion. Else, put for necessary Order.
Suit adjourned to 09.08.2024 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Dev Motta present for plaintiff.
Adv. Ganpat Monde present for defendant.
Defendant representative Bhagyawan Manjrekar present.
Defendant is seeking oral adjournment to file reply on Notice of Motion.
Suit is not traceable. Suit be traced out.
Suit adjourned to 26.09.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Dev motta present for plaintiff.
Defendant representative Bhagyawan Manjarekar present.
His counsel absent.
Defendant granted last opportunity to file reply to Notice of Motion.
Suit adjourned to 12.11.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Sanchita Chamoli present through VC for plaintiff.
Defendant side called, but absent.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Parties to comply previous roznama order and take steps regarding pending applications.
Suit adjourned to 18.12.2024 for steps.
Next Purpose: REPLY
Next Hearing Date: 30-11-2024
Date: 30-11-2024
Business: Infobip India V/s Bhagyavan Manjarekar
NOB TOB
Ex 41. Precipee
Adv Vishal Kurtukade present for plaintiff and filed Vakilpatra , TOR and marked at Ex. 42.
Suit already adjourned to 18.12.2024 for steps.
I/c Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Infobip India Pvt. Ltd. Vs Mr. Bhagyawan Manjarekar
Adv. Vishal Kurtukade present for plaintiff.
Defendant side called, but absent.
Parties to take steps as per stage of Suit.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.02.2025 for steps.
Later on at 12.26 Hrs.
Defendant Bhagyawan Manjrekar present.
Suit adjourned to 04.02.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Adv. Vishal Kurtukade present for plaintiff.
Defendant side called, but absent.
Defendant did not comply dt. 26.09.2024. Hence, Notice of Motion to proceed without reply of defendant.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 25.02.2025 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Adv. Siddhant Pandita for plaintiff present through VC.
Adv. Vishal Kurtukade for plaintiff present in court hall.
None present for defendant.
Matter stands Adj for order on 27-02-2025.
Next Purpose: ORDER
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Adv. Vishal Kurtukade for plaintiff present.
KB at 04.00 pm.
Plaintiff to argue on documents mentioned in Table-B from Sr. No.19 to 47 in Notice of Motion about marking exhibits on next date.
Matter stands Adj for hearing on NM on 27-03-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Adv. Vishal Kurtukade for plaintiff present in court hall
Adv. Siddhant Pandita for plaintiff present through VC.
None present for defendant.
On the oral request of the adv for the plaintiff, matter stands Adj for hearing on 26-06-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: Adv. Vishal Kurtukade for plaintiff present.
Adv. for plaintiff made oral request for time to argue on NM. Time is granted. If NM is not argued on next date it will be dismissed.
Matter stands adjourned to 08.07.2025 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: Adv. Siddhant Pandita for plaintiff present through VC.
Adv. Vishal Kurtukude for plaintiff present in court hall.
None present for defendant.
Kept back at 03.30 pm
Later on at 03.55 pm
Adv. Siddhant Pandita for plaintiff present through VC.
None present for defendant.
Plaintiff’s argument on NM heard.
FRSR following order is passed on NM No.1052/2024
Order
1. Notice of Motion No. 1052 of 2024 is allowed in terms of prayer clause (a) and (b) only.
2. So far as exhibiting documents as per prayer clause (c) is concerned, that will be dealt with after production of documents and subject to their admissibility.
3. Order is dictated and pronounced in Open Court.
4. Record of Notice of Motion No. 1052 / 2024 shall be part of main Commercial Suit No. 41 / 2019.
Matter stands Adj to 06-08-2025 for compliance i.e. filing of compilation of documents and affiadvit.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: Adv. Sidhant Pandita for plaintiff present through VC.
Adv. Vishal Kurtukade for plaintiff present in court hall.
Exh.43 Affidavit of documents filed by plaintiff.
Exh.44 Compilation of documents filed by plaintiff.
Matter stands Adj to 09-10-2025 for marking of additional documents produced below Exh.44.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025
Date: 09-10-2025
Business: Plaintiff Arpita Jadhav present.
His counsel absent
Kept back.
Later on at 1.21 pm
Adv. Siddhant Pandhita(through video conference) with Adv. Vishal V. Kurtakade for plaintiffs is present.
None present for defendant.
Further examination-in-chief of PW-1 is partly recorded and deferred till next date.
Exh.45
Email dated 14.01.2016(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.3)
Exh.46
Email dated 14.01.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.4)
Exh.47
Email dated 19.01.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.5)
Exh.48
Email dated 19.01.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.6)
Exh.49
Email dated 19.01.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.7)
Exh.50
Email dated 20.01.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.8)
Exh.51
Email dated 05.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.9)
Exh.52
Email dated 05.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.10)
Exh.53
Email dated 08.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.11)
Exh.54
Email dated 08.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.12)
Exh.55
Email dated 09.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.13)
Exh.56
Email dated 17.02.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.14)
Exh.57
Email dated 13.07.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.20)
Exh.58
Email dated 14.07.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.21).
Exh.59
Email dated 14.07.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.22).
Exh.60
Email dated 30.09.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.24).
Exh.61
Email dated 04.11.2016.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.25).
Exh.62
Email dated 06.06.2017.(Exhibited on the strength of certificate filed u/s 65B dated 20.10.2023 Sr. No.26).
Matter stands Adj for further examination-in-chief to 13.11.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: Adv. Vishal Kurtukade for plaintiff present.
Adv. Siddhant Pandita for plaintiff present through VC.
On oral request of advocate for plaintiff, time granted for taking steps in respect of Certificate u/s 65-B of Indian Evidence Act.
Matter stands Adj to 05-12-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Adv. Vishal Kurtukade for plaintiff present.
Exh.63 Application for permission to file Certificate u/s 65-B of Indian Evidence Act. O- Allowed.
Exh.64 Certificate u/s 65-B of Indian Evidence Act.
Court is busy in Judgment of time bound matters Com Suit 1202/2021 and 1203/2021.
Matter stands Adj to 22-01-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: Adv. Vishal Kurtukude for plaintiff present in Court hall.
Adv. Siddhant Pandhita for plaintiff present through VC.
A. R. of plaintiff - Arpita Jadhav is present.
None present for defendant.
Kept back. Later on at 01.55 pm.
Adv. Vishal Kurtukude for plaintiff present in Court hall.
Adv. Siddhant Pandhita for plaintiff present through VC.
A. R. of plaintiff - Arpita Jadhav is present.
None present for defendant.
O. Oath administered.
Exh.65 Colly
:
Copies of 28 invoices (all these invoices are outcome of some digital device i.e. Computer. Exhibited on the strength of Certificate filed u/s 65-B of Indian Evidence Act. (These invoices are at Sr. No.19 to 46 of Exh.44)
Exh.66
:
Copy of Notice 26.09.2018.
Further examination in chief is recorded and completed.
None present for defendant, right of defendant for cross examination stands forfeited.
I have gone through R and P. The then Presiding officer recorded further examination in chief on 19.01.2024 (Exh.10) dated 09.10.2025, documents Exh.19 to 38 and 45 to 62 were marked. However, those are not signed by the then Presiding Officer. So to keep the record straight exhibit numbers are mentioned on the documents and proceed to sign them today.
Matter stands Adj to 12-02-2026 for further evidence of plaintiff. Later on at 03.50 pm
Advocate for plaintiff appeared and requested to change the date as neither witness nor counsel for plaintiff available on 12.02.2026. He requested for 26-02-2026.
Matter stands Adj to 12-02-2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: None for plaintiff.
Adv. Prashant Phophale for defendant present through VC.
On 22.01.2026 in first half suit was adjourned to 12.02.2026. Later on at 3.50 advocate for plaintiff appeared and requested for date i.e. 26.02.2026. Accordingly his request was recorded in the roznama. Date was written on daily cause list as 26.02.2026. However it appears its note was not take in the copy of board with typist. Hence, matter is adjourned to 26.02.2026 for further evidence of plaintiff
Matter stands Adj to 26.02.2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: Adv. Siddhant Pandita for plaintiff present through VC.
Adv. Vishal Kurtukade for plaintiff present.
None present for defendant.
Matter stands Adj to 21-04-2026 for further evidence of plaintiff.
Later on at 02.46 pm
Adv. Ganpat Monde for defendant present.
Exh.67 Discharge pursis filed by advocate for defendant along with copy of notice sent to defendant. As VP on behalf of defendant is withdrawn, issue Court Motion Notice to defendant.
Matter stands Adj to 21-04-2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2026
Date: 21-04-2026
Business: Advocate for Siddhant Pandita for plaintiff Through VC.
A.R. of plaintiff Arpita Jadhav is present.
None for defendant.
On last date this Court issued court motion notice to defendant. Report is still awaited. Hence, matter is adjourned.
Matter stands Adj to 09/06/2026 for awaiting report of notice.
Judge
Next Purpose: REPORT
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: Adv. Vishal Kurtukade for plaintiff present in Court hall.
Adv. Siddhant Pandita for plaintiff present through VC.
In view of order dated 26.02.2026 Notice on Court Motion was issued to defendant as their advocate filed withdrawal pursis. However, no any report is received. Considering the old nature of suit, Court Motion Notice be issued by RPAD through plaintiff to defendant and plaintiff to borne the expenses.
Matter stands Adj to 02-07-2026 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Adv. Vishal Kurtukade for plaintiff present and filed service affidavit along with postal receipt and envelope. TOR and marked as Exh.68.
Mrs. Arpita Jadhav (Head of Regulatory and Compliance) present
Order- In view of the discharge pursis Exh.67 filed by Advocate of defendant, notice on court motion was issued to defendant. However, as no any report was received, advocate for plaintiff was requested to serve the notice by RPAD. Today, the affidavit of service is filed and the report of the Postman reveals defendant has left the place. Thus, to protect the interest of defendant, all possible steps were taken. Hence, suit to proceed further.
Order- Mrs. Arpita Jadhav (Head of Regulatory and Compliance) present for cross examination. The defendant is absent. Hence, no cross examination on the fault of defendant.
Adv. Kurtukade submitted that they do not want to lead further evidence.
Matter stands Adj to 23-07-2026 for evidence of defendant, if any
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: Adv. Vishal Kurtukade for plaintiff present.
None present for defendant.
Order- On 02.07.2026, Adv. of plaintiff informed that they do not want to lead further evidence. Today, the stage is evidence of defendant, however, none present. No any application on record, hence, evidence stage of defendant is closed. Matter be posted final argument.
Matter stands Adj to 04-08-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: Adv. Siddhant Pandita for plaintiff present through VC.
Kept back for argument.
Later on at 04.00 pm
Adv. Siddhant Pandita on VC a/w Adv. Vishal Kurtukade for plaintiff present and advanced final argument.
O- Defendant and their advocate absent. No any arguments advanced. Hence, argument stage stands closed. Put up suit for Judgment.
Matter stands Adj to 17-08-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-08-2026
Date: 17-08-2026
Business: None present for plaintiff.
None present for defendant.
Exh.68 Judgment.
FRSR following order is passed
ORDER
1.
The Commercial Suit No.41 of 2019 is decreed with cost.
2.
The defendant is directed to pay to plaintiff an amount of Rs.27,53,055.52 (Rounded as Rs.27,53,056/- (Rs.Twenty Seven Lakhs Fifty Three Thousand and Fifty Six Only) with 12 percent p.a on principal amount of Rs.20,46,077.52 from the date of filing of the suit till realization.
3.
The decree be drawn up accordingly.
4.
The R and P be sent to Record Department.
Nature Of Disposal: JUDGMENT
Disposal Date: 17-08-2026