Date: 30-11-2019
Business: Adv. Bhavika Shinde for plaintiff present and filed application for extension of time to serve writ of summons.
Heard Ld. counsel for plaintiff. O-Time granted.
Matter stands Adj for service of writ of summons to 19.12.2019
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Bhavika Shinde for plaintiff present and filed application for extension of time to issue fresh writ of summons.
Application filed by Ld. counsel for plaintiff for extension of time to issue fresh writ of summons. O-Time extended as prayed.
Matter stands Adj for service of writ of summons to 27.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Called out at 11.20 am.
None present for plaintiff and defendant.
Keep back
Later on at 4.00 pm.
Adv. Bhavika Shinde for plaintiff present and filed affidavit of service.
None present for defendant.
Matter stands Adj for appearance to 03.02.2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Called out at 11.15 am.
None present for plaintiff.
Adv. Mishra for defendant present and filed VP and filed application for seeking direction to defendant to serve copy of plaint and documents.
Heard Ld. counsel for defendant.
In view of the above, Ld. counsel for plaintiff directed to supply copy of plaint and documents on defendant before next date.
Vakalatnama filed on behalf of defendant.
Application filed on behalf of defendant for seeking direction to defendant to serve copy of plaint. O-granted.
Matter stands Adj for Compliance and filing of WS to 14.02.2020.
Later on
Mr. Vinod Vishnu Khanolkar, representative of plaintiff present.
Adv. Shinde for plaintiff present. She is directed to supply copy of plaint and document to other side before next date.
Matter is already adjn to 14.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Called out at 11.30 pm
Adv. Shinde for plaintiff present.
Adv. Veera for defendant present.
Ld. counsel for plaintiff has served the copy of plaint along with documents on the defendant.
Ld. counsel for defendant seeks time to file WS. Time granted.
Matter stands Adj for filing WS to 09.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Called out at 11.20 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.25 pm
None present for plaintiff.
Adv. Veera for defendant present and filed draft NM along with affidavit under section 21 and Order VII, Rule 11 of CPC on the ground that suit claimed is barred by limitation and this court has no jurisdiction. He undertakes to serve the copy on other side. Ld. counsel for defendant also submitted that he will consider taking necessary steps, as per order 13A of CPC as amended by Commercial Courts Act, 2015. Hence, Matter stands Adj for taking steps by defendant to 13.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv.Bhavika Shinde for plaintiff present.
Adv.Paras Veera for defendant present.
Advocate for defendant tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Copy delivered to the plaintiff.
Advocate for defendant tender application for extension of time to file written statement - Subject to limitation.
Matter adjd to 27.03.2020 for reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: REPLY
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 27/11/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 9/12/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
None for defendant
Matter adjd to 07.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Mayur Sonawane h/f.Adv.Paras Vira for plaintiff present.
None present for defendant.
Matter adjd to 13.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Umesh Kurekar h/f. Adv.Mahangare for plaintiff present.
None present for defendant.
Matter adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.02.2021 for NM reply.
LO
Adv.Mittal Vira for defendant present and tendered registered NM No.1124/2020.
Matter adjd to 23.02.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv.Chitra Mhaske h/f. Adv.Vikas Mahangare for plaintiff present. She seeks time as the father of the advocate of plaintiff expired.
None present for defendant.
Matter adjd to 09.03.2019 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None present for plaintiff.
Adv.Paras Vira for defendant present.
KB
LO
Adv.Sonali Punekar for plaintiff present.
Adv. of plaintiff filed say on NM No.1124/20 itself.
Matter adjd to 20.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv.Sonali Punekar for plaintiff present.
None present for defendant.
Heard Adv. for plaintiff on NM No.1124/2020.
KB
LO
Adv.Paras Vira for defendant present.
Heard Adv. for defendant on NM No.1124/2020.
Matter adjd to 23.03.2021 for order on NM No.1124/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.03.2021 for NM order.
LO
Paras Vira for defendant present.
Matter adjd to 26.03.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Bhakti Sutar for plaintiff present.
Adv. Paras Veera for defendant present.
F.R.S.R. the following order is passed
ORDER
The Notice of Motion No.1124/2020 is dismissed.
Matter adjd to 20.04.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2021
Date: 26-03-2021
Date: 07-04-2021
Business: NOB TOB
Application for matter be taken on today\''s board filed by Adv.Vira for plaintiff t.o.r. O-Allowed.
Adv.Paras N. Vira for plaintiff present.
Draft Notice of Motion filed by Adv.for plaintiff t.o.r.
Leave granted to register the notice of motion.
Defendant to serve the copy of Notice of Motion to the plaintiff.
Affidavit in support of Notice of Motion filed by Adv. for plaintiff t.o.r.
Put up on date fixed.
Matter adjd to 20.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 11-06-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 05.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
Adv.Mittal Vira for defendant present and filed NM No.1110/2021 a/w. affidavit in support of NM No.1110/2021 t.o.r.
Due to rise in Covid cases, Adjd to 26.07.2021 for say on NM.1110/21.
Next Purpose: REPLY
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 05.08.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
Adv.Mittal Vira for defendant present.
The defendant wants time to file service affidavit of NM.
Matter adjd to 11.08.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.07 pm
Adv.Paras Vira for defendant present.
Service affidavit, Exh.6 filed by Adv. of defendant t.o.r.
KB
LO at 03.38 pm
None present. Plaintiff has not filed reply to NM.
Matter adjd to 13.08.2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.45 pm
None present.
Matter adjd to 20.08.2021 for NM reply/order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
LO at 11.54 pm
Adv.Paras Vira for defendant present.
KB for filing reply of plaintiff
LO at 03.57 pm
Plaintiff absent.
Matter adjd to 15.09.2021 for reply of NM No.1110/2021.
Next Purpose: REPLY
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.41 pm
Adv.Mayur Sonavane h/f.Adv.Mittal Vira for defendant present.
KB for order on NM No.1110/21.
LO at 03.33 pm
Adv.Paras Vira for defendant present.
F.R.S.R. the following order is passed
ORDER ON NM NO.1110/21
1. Notice of Motion No.1110 of 2021 is allowed, subject to costs of Rs.1,500/-(Rupees One Thousand Five Hundred Only).
2. The delay in filing written statement is condoned.
3. The costs shall be paid to the plaintiff on or before next date.
4. After compliance of order as to payment of costs, written statement shall be taken on record.
5. The Notice of Motion No.1110/2021 is disposed off accordingly.
Matter adjd to 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.49 pm
Adv.Paras Vira for defendant present.
The defendant tendered letter with the receipt, Exh.7 showing compliance of order as to payment of costs in compliance to order dated 15.09.2021 in NM No.1110/2021 t.o.r.
As the order is complied, the written statement of defendant filed today is t.o.r. It is marked as Exh.8. Statement of truth is annexed with written statement. Copy of the written statement and statement of truth is filed to furnish the same to the plaintiff.
Matter adjd to 27.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
Adv. Mital Vira present for defendant.
On oral request of the defendant adjd to 23.11.2021 for admission and denial.
LO at 1.50 p.m.
Adv. Sonali Punekar for plaintiff present.
Copy of statement of truth and W/S is received by the plaintiff. Endorsement is made.
Already adjd to 23.11.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: None present for plaintiff.
Adv.Paras Vira h/f.Adv.Mitta Vira for defendant present.
On request of the defendant kb for filing admission and denial by defendant.
LO at 12.02 pm,
Adv.Sonali Punekar h/f.Adv.Vikas Mahangare for plaintiff present.
Adv.Paras Vira h/f.Adv.Mitta Vira for defendant present.
The plaintiff requested time for filing admission and denial. Defendant is filing admission and denial, hence, kb.
LO at 01.04 pm,
Adv.Sonali Punekar h/f.Adv.Vikas Mahangare for plaintiff present.
Adv.Paras Vira h/f.Adv.Mitta Vira for defendant present.
The defendant filed affidavit of admission and denial of documents, Exh.9. Copy of same received by plaintiff. Endorsement to that effect is made.
Matter adjd to 16.12.2021 for plaintiff\''s admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Plaintiff in person present.
Adv. Paras Vira for defendant present.
KB
LO at 12.02 p.m.
None present.
KB
LO 1.21 p.m.
Adv. Sonali Punekar for plaintiff present.
The plaintiff filed statement of admission and denial marked as Ex.10.
Plaintiff to serve copy of same to the defendant.
Matter adjd to 07.01.2022 for CMH hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.11 pm,
Adv.Sonali Kunekar i/b.Adv.Vikas Mahanagare for plaintiff present.
Heard the plaintiff on CMH. The defendant is absent.
Order on Case Management Hearing
Date
Stage
07.01.2022
Issues framed, Exh.11
On or before 20.01.2022
Filing of affidavit of evidence by the plaintiffs witness PW-1
On or before 28.01.2021
Exhibitions of documents
On or before 11.02.2022
Cross-examination of plaintiffs witness PW-1 by the defendant
On or before 23.02.2022
Filing of affidavit of evidence by the defendants witness DW-1
On or before 08.03.2022
Cross-examination of defendants witness DW-1 by the defendant.
On or before 19.03.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
On or before 30.03.2022
Judgment
Matter adjd to 02.02.2022 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11/02/2022 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
No evidence is adduce. KB for order.
LO at 12.10 pm,
Adv.Sonali Kunekar i/b.Adv.Vikas Mahanagare for plaintiff present.
Adv.Mayur Sonavane h/f.Adv.Paras Vira for defendant present.
The plaintiff filed application for adjournment t.o.r and marked as Exh.12. O-Considering the reason last chance is granted.
Matter adjd to 08.03.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. No evidence is adduce. Keep for order.
LO at 12.02 pm,
None present.
Read the last roznama. Plaintiff is absent. Inspite of granting last chance plaintiff failed to adduce evidence. Hence, no evidence of the plaintiff.
Matter adjd to 19.03.2022 for order against pltff.
Judge
LO at 01.12 pm,
Adv.Sonali Kunekar h/f.Adv.Vikas Mahangare for plaintiff present.
Witness is present. The plaintiff is ready to file affidavit of evidence, hence, allowed to file evidence.
The plaintiff tendered affidavit of evidence of Mr.Rajendra Mahadev Mhatre (PW-1) t.o.r. It is read and recorded and marked as Exh.13.
The plaintiff filed list of documents t.o.r. and marked as Exh.14.
Copy of affidavit of evidence and list of documents kept on record for furnishing same to the defendant.
True copy of certificate of registration issued by RBI at Sr. No.2 (page No.2 and 3). It is t.o.r. and marked as Exh.15. (original is returned to the witness).
Matter adjd to 19.03.2022 for marking of documents and cross-examination of pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.00 noon,
Adv.Sonali Kunekar h/f.Adv.Vikas Mahangare for plaintiff present.
Heard the plaintiff on admissibility of documents. No submissions of otherside. Following order is passed regarding exhibition of documents.
1. The document at Sr.No.1 is resolution dated 14.07.2017 issued by the plaintiff (page No.1). Read the contents of Para No.2 of affidavit of evidence. It is marked as Exh.16.
2. The document at Sr.No.2 is certificate issued by RBI dated 31.03.1998 (page No.2-3). It is already marked as Exh.15.
3. The document at Sr.No.3 is photocopy of promissory note dated 18.04.2012 (page No.4). Being photocopy it is marked as Article-X.
4. The document at Sr.No.4 is ledger statement dated 01.04.2012 to 31.03.2018 (page No.5-31). Read the contents of Para No.6 of affidavit of evidence. The documents at page No.5 and 6 is the ledger statement, documents at Sr. No.7 to 31 are banks statements. Banks statements are marked as Exh.17 (colly.) and documents at page No.6 and 7 which is ledger account is not signed and verified is marked as Article-X1.
5. The document at Sr.No.5 is photocopy of cheque dated 03.07.2017 and cheque return memo dated 05.07.2017 (page No.32-33). Being photocopy they are marked as Article-X2 (colly.).
6. The document at Sr.No.6 is photocopy of 138 notice dated 26.07.2017 (page No.34-38). It is without signature, hence, it is marked as Article-X3.
7. The document at Sr.No.7 is office copy of demand notice dated 26.07.2017 (page No.39-40). Read the contents of Para No.10 of affidavit of evidence. The document is marked as Exh.18.
8. The document at Sr.No.8 is postal booking receipts dated 26.07.2017 (page No.41). They are marked as Exh.19 (colly.).
9. The document at Sr.No.9 is acknowledgement cards dated 27.07.2018 and 28.07.2018 (page No.42). They are marked as Exh.20 (colly.).
Matter is adjourned for cross-examination by defendant on 30.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv.Sonali Kunekar h/f.Adv.Mahangare for plaintiff present.
Adv.Mayur S. Sonavane h/f.Adv.Vira for defendant present.
On oral request of defendant adjd for cross-examination of the plaintiff.
Matter adjd to 11.04.2022 for revise CMH and cross-examination of pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: None present for plaintiff.
Adv.Mittal Vira for defendant present.
The defendant filed application for de-exhibiting the bank statement t.o.r. and marked as Exh.21. O-Otherside to say.
KB for say.
LO at 12.05 pm,
Plaintiff-witness absent.
Plaintiff\''s advocate absent.
KB
LO at 12.20 pm,
Adv.Bhakti Sutar h/f.Adv.Mahangare for plaintiff present.
Adv.Mittal Vira for defendant present.
Copy of Exh.21 is served on advocate for the plaintiff.
Matter adjd to 02.05.2022 for say/hearing on exh.21, cross-examination of PW-1, revised CMH.
Next Purpose: REPLY
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Mr.Rajendra Mhatre, representative of plaintiff present.
Adv.Mayur Sonawane h/f.Adv.Mittal Vira for defendant present.
KB
LO at 11.45 am,
Adv.Bhakti Sutar h/f.Adv.Mahangare for plaintiff present.
Adv.Paras Vira for defendant present.
KB
LO at 12.05 pm,
Same appearance.
Witness Mr.Rajendra Mahadev Mhatre (PW-1) present.
Cross-examination of Mr.Rajendra Mahadev Mhatre (PW-1) commenced and completed.
Copy of issue is supplied to advocate of plaintiff.
Heard the plaintiff and advocate for the defendant on CMH.
Following schedule is fixed as case management hearing.
Order on Case Management Hearing
Date
Stage
06.06.2022
Reply and Filing of affidavit of evidences of PW-2
On or before 15.06.2022
Cross-examination of PW-2 by defendant.
On or before 22.06.2022
Filing of affidavit of evidences of PW-3
On or before 29.06.2022
Cross-examination of PW-3 by defendant.
On or before 06.07.2022
Filing of affidavit of evidence by the defendant.
On or before 15.07.2022
Cross-examination of defendants witness by plaintiff.
On or before 22.07.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
On or before 29.07.2022
Judgment
Matter adjd to 06.06.2022 for reply on Exh.21 and further evidence of the plaintiff.
Next Purpose: REPLY
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: None present for plaintiff.
Adv Mr. Paras Veera present for defendant.
K.B. L.O. at 12.15 p.m.
None present for plaintiff.
Adv Mr. Paras Veera present for defendant.
K.B. till 1.00 p.m.
L.O. at 1.05 p.m.
None present for plaintiff till 1.05 p.m.
Adv Mr. Paras Veera present for defendant.
Matter adjd to 13.06.2022 for reply and order on Exh.21.
Next Purpose: REPLY
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for both parties.
K.B.L.O. at 12.45 p.m.
Adv Punekar for plff present.
Adv Mittal Vira for deft present.
Adv of plff has filed reply on Exh.21.
Adv of plff has filed witness list at Exh.22
Copy of Exh.21 and 22 supplied to deft.
Heard argument of both sides on Exh.21
Matter adjd to 15.06.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: None present for both parties.
K.B. L.O. at 12.45 p.m.
Adv Sonali Kunekar for plff present.
Adv Vira for deft present.
Adv of plff submitted that she does not want to examine PW-3 Director of plaintiff. Summons be issued to PW-2 Branch Manager of plff bank.
Matter adjd to 22.06.2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Plff present.
KB.
Adv. Sonali Kunekar present for plff.
Plff present.
None Present for Deft.
Ex.23. PW-2 Kiran Mahadev Kakade chief examination recorded.
Ex.24. Authority letter issued by Branch Manger Axis Bank, Branch Mulund.
Deft and his advocate absent. Hence no cross- examination.
Ex.25. Adv of plff has filed application for filing certified copy of ledger account statement. Copy of the said statement was filed with plaint and list in Ex.14 at Sr.no.4. Hence plff is allowed to file certified copy of the said statement.
Adj. For Further Evidence of plff on 06/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None Present for Plff.
Adv. Paras Vira Present for deft.
Ex.26- Adv of deft filed application for setting aside no cross order dt.29.06.2022.- otherside to say.
KB. LO 12.32.
Adv. Sonali Kunekar Present for Plff.
Adv of plff seeks time for filing reply to Ex.26. Granted.
Adj. For say on ex.26 and further evidence of plff on 15/07/2022 at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Kunekar Present for Plff.
Adv. Paras Vira Present for Deft.
Adv of plff has given say on application Ex.26.
Heard both parties on Ex.26.
F.R.S.R. following order below Ex.26.
1. Application stands allowed.
Adj. For Cross examination of PW on 03/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None Present for deft.
Adv. Mayur Sonavane h/f Adv. Paras Vira Present for Plff.
LO 11.45.
Adv. Mitta Vira Present for Deft.
Adv. Bhakti Sutar h/f Adv. Paras Vira Present for Plff.
PW-2 absent.
Adv of plff submitted that PW-2 transferred to Baramati and therefore he is unable to attend the Court and therefore matter be adjourn. Adj. Granted.
Adj. For Cross examination of PW-1 on 22/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sonali Kunerkar Present for Plff.
Adv. Paras Vira Present for Deft.
PW-2 absent.
Adv of plff contended came to be transferred to Baramati and therefore he can not be remain present today. Hence she seeks adjournment.
Adj. For Cross examination of PW-2 on 13/09/2022.
Judge
LO at 3.30 p.m.
Advocate for plaintiff present and filed application for issuing summons to PW-2. O-granted as prayed.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Sonali Kunekar Present for Plff.
Adv. Paras Vira Present for Deft.
PW-2 Present Cross examination completed.
Adj. For Further Evidence by plff on 28/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Kunekar Present for Plff.
Adv. Paras Vira Present for Deft.
Adv of plff seeks time for adducing further evidence. Granted.
Adj. For Further evidence of plff on 30/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: None Present for Plff.
Adv. Vaishali Pradhan h/f Adv. Paras Vira Present for Deft.
KB LO 4.00
Adv. Sonali Kunekar Present for Deft.
Adv of plff has filed application for permission to file certify copy of document. Otherside to say. Copy served on otherside.
Ex.29 - List along with documents
Documents taken on record subject to order on ex.28.
Adv of deft has given say on overleaf the application Ex.28.
Adj. for Hearing on Ex.28 on 13/10/2022.
Next Purpose: HEARING
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv Sonali Kunekar Present for Plff.
Adv. Paras Vira I/b Adv. Mittal Vira Present for Deft.
Ex.34. - Adv of plff has filed evidence closure pursis.
Adj. For Evidence of deft on 07/11/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Mrs. Sonali Kunerkar Present for Plff.
Adv. Mayur Sonawane Present for Deft.
Ex.35. - Adv of deft has filed evidence closure pursis.
Adj. For Argument on 22/11/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Bhavika Shinde h/f Adv. Vikas Mahangare Present for Plff.
Adv. Mayur Sonawane H/f Adv. Paras Vira Present for Deft and seeks adjournment on the ground that due to death of relative of Adv. Vira is unable to attend the court today. Hence case be adjourned.
Adj. For Argument on 29/11/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Sonali Kunekar for plaintiff present.
Adv. Paras Vira for defendant present.
Heard advocate of defendant.
Advocate of plaintiff contended that she want to file written notes of argument.
Case adjourned for argument of plaintiff to 2.12.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: None Present for Plff.
Adv. Paras Vira I/b Adv. Mittal Vira Present for Deft.
Today case is for argument of plff. But plff and their counsel is absent.
Hence adj. For Judgment on 21/12/2022.
LO 4.00.
Adv. Sonali Kunekar Present for Plff.
Ex.36- adv of plff has filed written notes of argument.
Adj. For Reply argument by deft on 21/12/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Bhavika Shinde h/f Adv. Vikas Mahangare Present for Plff.
Adv. Paras Vira Present for Deft.
Heard reply argument of adv of Deft.
Adj. For Judgment on 17/01/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Court is on leave. Hence adjd.
Next Purpose: JUDGMENT
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Sonali Kunekar I/b Vikas Mahangare Present for Plff.
Adv. Paras Vira Present for Deft.
As court is busy in dictation in COM SU 1052/21, Com SU 459/22.
Adj. For Judgment on 13/02/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: None present for plaintiff.
Adv. Paras Vira for defendant present.
Exh.37 Judgment
FRSR following order is passed.
ORDER
1. Suit is partly decreed with costs as under.
2. Defendant is directed to pay the plaintiff sum of Rs.63,52,083/- and interest @ 15% p.a. on principal sum of Rs.50,00,000/- from the date of suit till realisation of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 13-02-2023