Atul Kumar SethiVsGiriraj Ratan Daga

Date: 05-08-2019
Business: Matter called out at 12.20 p.m.
Adv.Kirtika Kothari for plaintiff present
Adv. Mr. Gurdeep Singh for defendant present.
Adv. for defendant undertake to file Vakalatnama on behalf of defendant.  Plaintiff to file service affidavit.
Matter is Adjd. to 09.09.2019 for  WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Matter called out(4.10pm)
Adv. Krutika S. Kothari for plaintiff present.
Adv. Neeta Parikh for defendant present.
On the oral request of Adv. Upadhyay I/b Adv. Parekh time granted to file vakalatnama and w/s.
Matter adj for written statement on 09.10.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Court is busy recording evidence Suit No.6900 of 2005 and Suit No.7247 of 2004.
Adv.Kirtika Kothari for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address.                                               List of documents.
Exh-4 Adv.Vivek Upadhyay i/b Adv. Neeta V.Parikh for defendant filed vakalatnama. T.O.R.
Exh-5 Adv.Vivek Upadhyay i/b Adv.Neeta V.Parikh for defendant filed written statement. T.O.R
Exh-6 Copy of written statement received to the plaintiff advocate.
Matter is adj to 09/12/19 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Krutika Kothari for plaintiff present.
Adv. Vivek Upadhyay for defendant present.
Court is busy in hearing final arguments in Suit No. 9284 of 2000, Suit No. 6822 of 1979, 6823 of 1979, 6824 of 1979 and Suit No. 6826 of 1979. Hence matter adjourned.
Matter is adj for Framing of issues to 27.02.20.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Matter is called out at 11.22am
Adv.Rahul Raut i/b N.N.Vaishnawa and Company for plaintiff present.
Defendant and his advocate absent.
Adv. for plaintiff tendered draft issues. T.O.R
Matter is adj to 04/04/2020 for framing of issues.
Later on at 12.06pm
Adv.Neeta Parikh for defendant present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Adjd to 07-11-2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Adjd to 05.02.2021 for framing issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Kirtika Kothari for plaintiff present.
None for defendants.
Court busy in hearing ad-interim matters in st no. 1212/21.
Adjd to 06.05.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Adv. Kirtika Kothari for plaintiff present.
Exh-7 Issues framed.
Adjd for evidence of plaintiff to 11/11/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: At 11.15 am
Adv. Kirtika Kothari for plaintiff present.
Plaintiff is present.
Exh-3 Affidavit of evidence filed by adv. For plaintiff. t.o.r. O- Read and recorded in evidence.
Exh-4 Compilation of documents filed by adv. For plaintiff. t.o.r.
Plaintiff is directed to serve the copy of evidence affidavit/compilation of documents to defendants.
Adjd for admission denial/exhibiting documents/cross examination of plaintiff\''s witness to 06/01/2022
L. O at 11.30 am
Adv. Ms. P. Neeta for defendant present.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Witness of plaintiff absent.
Adv. Rahul Raut For plaintiff present.
Adv. Sandeep Gupta For defendant present.
Adjd for admission denial/marking exhibit/cross examination to 19/04/2022
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Kirtika Kothari for plaintiff present.
Adv. For defendant present.
Adjd for admission denial to 22/07/2022
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Pusha Thapa for plaintiff present.
None for defendant.
LO at 12.20 None for plaintiff. .m.
Adv. Sandeep Gupta for defendant present.
Matter is adjd.to 17-09-2022 for evidence of PW-1 Atul on Exh.03.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Amar Prajapati for plaintiff present and prayed for adjournment by stating that Adv. For the defendant informed him that he is not feeling well.   - allowed
None for defendant
Matter is adjd.to 09-11-2022 for evidence of  PW - 1  Atul on Exh. 3.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Jasmine Kaur a/w plaintiff present.
None for defendant
 Chief-Examination of PW - 1  Atul Kumar Sethi by Advocate  Jasmine Kaur  for plaintiff commenced and completed after administering oath to the witness.
Documents filed with list of documents Exh. 9 are marked as Exh. 10 to 25 respectively .
The defendant and his advocate is absent when called till 11.45 pm. Hence, no cross examination order is passed.
Matter is adjd.to 19-12-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Jasmine Kaur for plaintiff present and filed evidence close pursis t.o.r. marked as Exh.26
Adv. Geeta Parikh for defendant present  and filed application for setting aside no cross order dtd. 09-11-2022. t.o.r. marked as Exh.27
Adv. Jasmine Kaur for plaintiff received copy of Exh. 27.
LO at 12.00 pm.
Plaintiffs no. 1 and 2 in person present.
Matter is adjd.to 07-02-2023 for say on Exh. 27.
Next Purpose: FILING SAY
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Ms Jasmin for plaintiff no 01 present and given say on the backside of the application, Exh-27.
Adv Mr Sandeep Gupta for defendant present.
Heard both sides on application exh-27.
Considering the stage of matter and the fact in that the plaintiff filed application for setting as side no cross order immediately on the next date of hearing, it can be allowed. Hence application exh-27 is allowed. No cross order dated 09.11.2022 on evidence of PW01 Atual Kumar (Exh-8) is set aside. The defendant is directed to conduct cross examination on next date of hearing.
Matter is adjd.to   06-03-2023 for cross examination of PW01 Atrul Kumar on exh-08
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Rahul Raut for plaintiff present and prayed for adjournment due to non availability of witness Atul Kumar  - allowed
Adv. Geeta Parekh for defendant present.
Matter is adjd.to 18-04-2023 for evidence of PW - 1 Atul Kumar on Exh. 8
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Jasmin Kaur for plaintiff present.
Adv. Sandeep Gupta  for all defendants present.
With consent of both sides, matter is adjourned to 10-07-2023.
Matter is adjd.to  10-07-2023 for evidence of PW - 1 Atul Kumar on Exh. 8
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv.  Rahul Raut for plaintiff present.
Plaintiff present.
Adv. Sandeep Gupta for defendant present and seek time for R/E on the ground that the relative of advocate on record meet with an accident, so considering ground state for   adjournment request of defendant is granted as last chance, if on the next date defendant failed to cross examine the witness, no cross order will be passed against the defendant.
Matter adjourned for R/E to 26/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv. Rahul Raut for plaintiff present.
Adv. Neeta Parikh a/w Sandeep Gupta for defendant present.
PW-1 Atul Kumar Sethi present.
Cross-examination of PW-1 by advocate Neeta Parikh for defendant is partly recorded.
Matter adjourned for R/E P. H. to 04/12/2023 at 12.30 P.M.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv. Rahul Raut for plaintiff present and seek adjournment for R/E P. H. O-Adjournment granted.
PW-1 absent.
None For defendant present.
Matter adjourned for R/E P. H. to 12/02/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Amar Prajapati for plaintiff present.
PW-1 present.
Adv. Neeta Parekh for defendant present and seek time for R/E of PW-1. Time granted till next date.
Matter adjourned for R/E P. H. of PW-1 to 03/04/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: None For plaintiff present.
Plaintiff in person present.
PW-1 present.
Adv.  Nita Parekh for defendant present and seeks time for cross examination of plaintiff witness. Considering submission of plaintiff, the last chance is granted.
Matter adjourned for R/E P. H. to 27/06/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: PO is on training hence matter adjourned
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: Adv. Jasmin Kaur for plaintiff present.
Adv. Sandeep Gupta i/b Neeta Parikh for defendant present.
KB for R/E….
L. O.
Same appearance..
PW-1 Atul Kumar Sethi present.
Further Cross examination on behalf of the defendant advocate Neeta Parikh is commence and completed.
Matter adjourned for R/E P. H. of plaintiff to 24/09/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: None for plaintiff present.
Adv. Sandeep Gupta for defendant present.
Matter adjourned for R/E P. H. to 15/10/2024.
L. O.
Adv. Jasmin Kaur for plaintiff present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. Jasmin Kaur for plaintiff present. She seeks time to lead further evidence.
Adv. Neeta Parekh a/w Sandip Gupta for defendant present.
Matter adjourned for to Recording evidence PH 10.12.2024
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: Adv. N. N. Vaishnawa for plaintiff present and filed affidavit of evidence of PW-1 at Exhibit-28 along with list of document at Exhibit-29.
Adv. Sandeep Gupta i/b Neeta Parikh for defendant present.
Matter adjourned for reply on Exhibit-29 to 23/04/2025.
Next Purpose: REPLY
Next Hearing Date: 23-04-2025

Date: 23-04-2025
Business: Adv. Rahul Raut for plaintiff present.
Adv. Sandeep Gupta for defendant present.
By consent matter adjourned for reply on Exhibit-29 to 05/07/2025.
Later on..
Adv. Rahul Raut for plaintiff present.
Adv. Sandeep Gupta for defendant present.
By consent matter adjourned for reply on Exhibit-29 to 04/07/2025.
Next Purpose: REPLY
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: None present.
Kept Back.
Later on
Adv. Jasmine Kaur for plaintiff present.
None for defendant.
Matter adjourned for reply on exh.29 to 22.08.2025
Next Purpose: REPLY
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: None for plaintiff.
Adv. Sandeep Gupta for defendant present. He requested for time to file reply on Exh.29. O- Granted.
Matter adjourned for reply on Exh.29 on 17.10.2025.
Later on..
Adv. Jasmine Kaur for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Both parties and their advocate absent.
Matter adjourned for filing reply to Exhibit-29 on 09/02/2026.
Later on
Adv. Rahul Raut for plaintiff present.
Say not filed by defendant on Exh.29. Hence it be kept for hearing on document.
Matter adjourned for hearing on Exhibit-29 on 27/11/2025.
Next Purpose: HEARING
Next Hearing Date: 27-11-2025

Date: 27-11-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Rahul Raut present for plaintiff.
Adv. Sandeep Gupta h/f Adv. Neeta Parikh present for defendant and filed say on document Exh-29. Taken on record. Marked as Exh-30.
Matter is adjd. for hearing on documents Exhibit-30 to 21.01.2026.
Next Purpose: HEARING
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Jasmine Kaur h/f N. N. Vaishnava and Co. present for plaintiff.
Adv. Haridas Dave h/f Adv. Neeta Parikh present for defendant.
KB
Later on at 11:42 a.m.
Adv. Haridas Dave h/f Adv. Neeta Parikh for defendant submitted say on application Exh-29 itself.
KB at afternoon.
Later on at 03:15 p.m.
Heard both sides on compilation of documents.
Exh-32 Text Invoice for brokerage charges received by me from Defendant for the period from 1.9.2014 to 22.6.2018.
Exh-33 Statement detailing brokerage demand of various parties including brokerage received by Defendant for the period from 1st April 2017 to 1st March 2019.
Matter is adjd. for Cross-examination of PW-2/RE to 23.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
None present for plaintiff.
Adv. Sandeep Gupta present for defendant.
Witness is absent.
Matter is adjd. for cross-examination of PW-2/RE to 24.06.2026.
Later on at 11:26 a.m.
Adv. Jasmine Kaur present for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Firdous Rajout h/f Adv. N. N. Vaishnawa present for plaintiff and filed adjournment application. Taken on record. Marked as Exh-34. O- Time granted till next date.
PW-2 absent for cross-examination.
Defendant and his advocate absent for cross-examination. Hence, time granted till next date.
Matter is adjd. for RE to 17.08.2026.
Later on at 11:40 a.m.
Adv. Geeta Parikh present for defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2026

Date: 17-08-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Jasmine Kaur present for plaintiff and filed adjournment application. Taken on record. Marked as Exh-35. O- Time granted till next date
Adv. Sandeep Gupta along-with Adv. Neeta Parikh present for defendants.
Matter is adjd. for RE to 29.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2026

Registration Number: 102017/2019
Transfer Date: 19-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102017/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 106913/2019
Filing Date: 25-06-2019
First Hearing Date: 05th August 2019
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE