Date: 29-07-2019
Business: Court is on leave. Adjd to
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plff in person present.
Adv. Vijay Nene for deft. Present.
Registered nm 3005/19 @ affidavit filed by adv. for deft.
Rejoinder filed by plaintiff. Copy supplied to adv. for deft.
Affidavit of service of summons filed by plaintiff.
Adjd. to 14.11.2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Plaintiff in person present.
Adv. Vijay Nene for defendant present.
Original SJ @ affidavit filed by plaintiff. t.o.r.
Draft Nm @ affidavit taken out by defendant.
Leave granted to register. Copy be served to OS.
Adjd. to 16.12.2019 for nm service and reply.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Plaintiff Smita Patel (in person present).
Defendant absent.
Adv. Suchita Doke for deft. Present.
Tendered original N/M no. 4407/19 @ affidavit of support. t.o.r.
Plff. in person tendered reply of NM no. 4407/19 t.o.r.
He also filed additional affidavit of the plaintiff in S/J No. 191/19 copy given to other side.
Plaint
Vakalatnama
Memorandum of address
List of documents
Adv. Suchita doke for deft filed application for undertaking t.o.r. Exh-5
Matter is adjd to 15.01.2020 for Hearing of SJ and NM.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Plaintiff and advocate are absent.
Adv. Vijay Nene for defendant present.
Matter is adjd to 04.03.2020 for NM hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Plaintiff Ms. Smita Patel in person present.
Defendant absent.
Adv. Vijay Nene for deft. Present.
Matter is adjd to 17.03.2020 for Order of N/M
Next Purpose: NM ORDERS
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 30.03.2020 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: NM ORDERS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Next Purpose: NM ORDERS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Business: Due to Corona pandemic.
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Plaintiff in Person absent.
Defendant and his advocate are absent.
Matter is adjd to 13.01.2021 for N/M Arguments.
L.O. at 12.15 p.m.
Plaintiff in Person Present.
He requested to adjd the matter on 05.01.2021.
Matter is adjd to 05.01.2021 for N/M Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Plaintiff in person Present.
Defendant absent.
Adv. Vijay Nene for deft. Present.
Plaintiff in person filed reply of N/M No. 3005/19. t.o.r.
FRSR following order is passed.
ORDER
1. The Notice of Motion No.4407 of 2019 is allowed subject to cost of Rs.5,000/-. The cost shall be payable by the defendant o the plaintiff on or before next date.
2. The defendant is granted permission to file reply to summons for judgment/leave to defend on record in the interest of justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 4407 of 2019 is disposed off.
Matter is adjd to 28.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Plaintiff in person present.
Defendant absent.
Adv. Nene for deft. Present.
Adv. For the deft. paid cost in RTGS on plff. Account.
Copy of the RTGS t.o.r. Given by the adv. For the deft. t.o.r.
Plaintiff argument heard in Notice of Motion.
And next date argument of defendant.
Matter is adjd to 12.02.2021 for N/M Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: P.O. is on leave.
Matter is adjd to 19.03.2021 for N/M Arguements
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: P.O. IS ON LEAVE. (Second Session)
Matter is adjd to 20.03.2021 for N/M arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Plaintiff in person present.
Defendant and his advocate are absent.
Plaintiff in person argument heard in N/M No. 3005/19.
Last chance is granted to the defendant argument in N/M No.3005/2019.
Matter is adjd to 01.04.2021 for N/M arguments for defendant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff in person absent when called at 11.45 am.
Defendant absent.
Adv. Vijay V. Nene for the deft present at 11.45 a.m.
Adv. for the deft argue the N/M No. 3005/19.
Adv. For the defendant heard argument in N/M 3005/19.
L.O. At 01.00 p.m.
Plaintiff in person present.
Matter is adjd to 08.04.2021 for order of N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Plaintiff in person present.
Defendant and his advocate are absent.
Plaintiff in person filed pursis. t.o.r.
Order- seen and filed.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 20.04.2021 for N/M orders.
Next Purpose: NM ORDERS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Date: 30-04-2021
Business: Both the parties and their advocate are absent.
ORDER
1. The Notice of Motion No. 3005 of 2019 is dismissed.
2. The Notice of Motion No. 3005 of 2019 is disposed off.
Matter is adjd to 12.06.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday). Hence matter is adjd to 28.06.2021 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Plaintiff in-person present.
None present for defendant.
K.B.
L.O. at 1.00 p.m.
Plaintiff in-person present.
None present for defendant.
Due to rise in Covid cases, Adjd to 02.07.2021 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Plaintiff in-person present.
None present for defendant.
K.B.
L.O.
Plaintiff in-person present.
None present for defendant.
The suit is transferred to this Court from C.R. No.59
Issue notice to the defendant about transfer of suit to this Court.
Hamdastt allowed.
Due to rise in Covid cases, Adjd to 12.08.2021 for return of notice.
Next Purpose: NOTICE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Plaintiff in person present.
K.B.
L.O. at 03.20 pm.
Same appearance.
She filed affidavit of service of notice issued as per order dated 02.07.2021. T.O.R.
The matter is adjd for summons for judgment hearing to 01.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for deft. present.
Exh.6- Adv. For deft. filed vakalatnama. T.O.R.
Adv. For deft. sought time for hearing on S/J. Time as sought for is granted.
The matter is adjd for hearing on S/J to 04.09.2021 at 11.00 am.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for deft. present.
Heard arguments of both sides on S/J No.191/19.
The matter is adjd for order on S/J No.191/19 to 09.09.2021.
Next Purpose: ORDER
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for deft. present.
Adv. For deft. filed draft N/M. Leave to register N/M is granted.
Copy of draft N/M is served to plaintiff.
The matter is adjd for reply to N/M to 16.09.2021.
Next Purpose: ORDER
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Plaintiff in person present.
Adv. Jitendra Ranawat h/f. Adv. Rushabh Thacker for deft. present.
Adv. For deft. tendered registered N/M No.2055/21 along with submission in support of N/M for review. T.O.R.
Adv. For deft. also submitted affidavit in support of N/M for review. T.O.R. ( Said affidavit was not submitted along with draft N/M on last date. )
Plaintiff submitted reply affidavit to N/M. T.O.R.
Adv. appearing for deft. submitted that the advocate on record is busy in on-line hearing before NCLT.
On oral request, matter is adjourned for hearing on N/M no.2055/21 to 20.09.2021 at 12.00 noon.
Next Purpose: ORDER
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for deft. present.
Heard arguments of both sides on N/M no.2055/21.
The matter is adjd for order on N/M no.2055/21 to 24.09.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: On 04.09.2021, I have heard arguments of plaintiff and deft. on summons for judgment and matter was kept for orders on summons for judgment on 09.09.2021.
On 09.09.2021, defendant\''s advocate filed draft N/M. Leave to register N/M was granted to defendant and matter was adjourned for reply to N/M to 16.09.2021.
On 16.09.2021, defendant tendered registered N/M No.2055/21 along with affidavit. Plaintiff also submitted reply to N/M No.2055/21. Matter was adjourned for hearing on N/M to 20.09.2021.
On 20.09.2021, I have heard arguments of both sides on N/M No.2055/21. Said N/M is taken out by defendant praying for review of order dated 30.04.2021 passed by H.H.J. Smt. S.G. Shaikh, Judge, City Civil Court, Court no.59.
As per Order 47 Rule 5 of C.P.C. where the Judge or Judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for review is presented, and is not or are not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.
Office submits that H.H.J. Smt. S.G. Shaikh continues attached to City Civil Court, Mumbai. Therefore, present N/M be sent to the Office of Registrar (Civil) for further assignment.
L.O. at 12.40 pm.
Plaintiff in person present.
L.O.
N/M No.2055/21 is assigned to Court no.6. For deciding said N/M, R and P of Commercial Suit no.336/21 is sent to Court no.6.
The matter is adjd for awaiting R and P to 11.11.2021.
Next Purpose: AWAITING R AND P
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present.
The matter is adjd for awaiting R and P to 20.11.2021.
Next Purpose: AWAITING R AND P
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present.
The matter is adjd for awaiting R and P to 26.11.2021.
Next Purpose: AWAITING R AND P
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None present.
The matter is adjd for awaiting R and P to 03.12.2021.
Next Purpose: AWAITING R AND P
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for deft. present.
Exh.7 - Adv. For deft. filed application for adjournment.
Plaintiff in person filed say on Exh.7.
O. - Defendant sought adjournment on the ground that he has preferred writ petition before Hon\''ble High Court against the order dated 26.11.2021.
This Court has already heard arguments of both sides on summons for judgment on 04.09.2021. Thereafter, defendant preferred N/M No.2055/2021 on 09.09.2021. Suit is filed in the year 2019 as per Order 37 Rule 2 of C.P.C. Therefore, on the ground of mere filing of writ petition before Hon\''ble High Court, adjournment cannot be granted. Accordingly, application (Exh.7) is rejected.
Heard additional arguments of Adv. For deft. on S/J.
Heard additional arguments of plaintiff in person on S/J.
The matter is adjd for order on S/J to 08.12.2021.
Next Purpose: ORDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: P.O is on Leave,
Matter Adjd
Next Purpose: ORDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Plaintiff in person present.
Adv. Rushabh Thacker for defendant present.
F.R.S.R the following order is passed on S/J No.191/2019
ORDER
1. Defendant shall deposit a sum of Rs.25,00,000/- (Rs.Twenty Five Lacs only) in Court within a period of 6 weeks from today. If this condition is compiled with, defendant is granted leave to defend the suit and he shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
3. There shall be no order as to costs.
4. S/J No.191/19 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 09-12-2021