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Commercial Suit

Ketan Mathuradas ChatwaniVsMrs. Meena Anil Lehru +2 more

CNR MHCC01006538201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th March 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100068/2019
Registration Date
29 Jul 2019

Advocates

4

For Petitioner

Parties

4

Acts & Sections

1
The Collection of Statistics Act 2008 · Sec 2 and 21

Case History / Proceedings

Case History
Date: 05-08-2019
Business: None present.
Keep Back
Later on 3.25 pm.
Adv. Parekh for plaintiff present.
Adv. Viraj Bansod I/b Adv. Tushar Goradia for defendant no. 1 present.
Adv. S R Sony  for defendant no. 2 and 3 present and submitted that he is filing his VP today and sought time to file reply to the NM.
Memo of address of defendant no. 2 and 3
Vakalatnama on behalf of defendant no. 2.
Vakalatnama on behalf of defendant no. 3.
Ld. counsel for plaintiff is directed to supply the copy of plaint and Nm to the defendant no. 2 and 3, if not already served upon him.
Earlier interim order dated 25.06.19 is continued till hearing on NM.
On oral request of Ld. counsel for defendant no. 2 and 3.
Matter stands Adj for reply to NM on 29.08.19.
Next Purpose: REPLY
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Adv. Shilpa Chavan for plaintiff present.
Adv. Dipti Shaha for defendant no.1 present and submitted affidavit in reply. Copy served on the other side
Adv. S. R. Soni for defendant no.2 and 3  present. and submitted that he has not received plaint, notice of motion and other documents from the plaintiff and sought time file reply. The counsel for plaintiff undertakes the serve the copy of plaint NM and other documents on the counsel for defendant no. 2 and 3.  today itself.
Matter stands Adj for Reply to NM by defendant no.2 and  3 to 18/09/2019.
Next Purpose: REPLY
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Chavan for plaintiff present
Adv. Dipti Shah h/f Tushar Goradia for defendant no. 1 present.
Adv. Mishra for defendant no. 2 and 3 present and seeks one week time to file reply to NM. Time granted.
Matter stands Adj for reply to defendant no. 2 and 3 to 26.09.19.
Next Purpose: REPLY
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. S. R. Soni for defendant no. 2 and 3 present.
Matter stands Adj for reply to 14.10.19.
Next Purpose: REPLY
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Chavan for plaintiff present.
Adv. Ami for defendant no. 1 present.
Adv. Mishra for defendant no. 2 and 3 present and seeks time to file reply to NM. Time granted.
Matter stands Adj for reply to NM on 04.11.19.
Next Purpose: REPLY
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no.1 present.
Adv. S. R. Soni for defendant no. 2 and 3 present and seeks time to file reply. One week time granted as a last chance with a direction to supply the copy of reply to other side in advance.
Interim ad-interim order passed on 25.06.19 to continue till hearing on NM.
Matter stands Adj for reply to 13.11.19.
Next Purpose: REPLY
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Plaintiff present in person.
Adv. Ami for defendant no. 1 present.
Adv. Mishra for defendant no.  2 and 3 present and filed WS. Copy served on plaintiff and defendant no. 1 and seeks time to file WS on behalf of defendant no. 3. Time granted.
Written statement filed on behalf of defendant no. 2. TOR.
He further submitted that a WS filed by defendant no. 2 today may be treated as say/reply to the interim application filed by the plaintiff and filed a pursis to that effect.
Pursis filed by Ld. counsel for defendant no. 2.
Matter stands Adj for filing WS on behalf of defendant no.  1 and 3 to 20.11.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. Dube for defendant no. 3 present and filed WS and made a statement that WS may be treated as reply to NM 2402/19 and he has filed pursis to that effect. Copy of WS served on other sides.
Written statement filed on behalf of defendant no. 3. TOR.
Pursis filed by Ld. counsel for defendant no. 3. Seen and filed.
Earlier interim order to continue till hearing on NM.
Matter stands Adj for Hearing on NM to 05.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. Dubey for defendant no. 2 and 3 present and seeks time for arguments. Time granted.
Matter stands adjn. for NM hearing to 03.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: By praecipe matter is taken on today\\\''s board.
Adv. Parekh for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. He submitted that plaintiff wants to serve the interrogatory for the defendant no. 1 under O/11, R/4 of CPC supported by an affidavit. The Ld. counsel for plaintiff tendered the interrogatory and the affidavit.
Interrogatory under O/11, R/4 of CPC . TOR.
Affidavit of plaintiff. Seen and filed.
After hearing the Ld. counsel for plaintiff, I am satisfied that the interrogatory is relevant to the subject matter of the suit and necessary to be answered by the defendant no. 1. Hence, I proceed to pass the following order as per form no. 1 O/11, R/1 of appendix C of CPC as under-
Upon hearing B B. Parekh, Advocate for plaintiff and upon reading the affidavit of Ketan Mathuradas Chatwai filed on the 3rd day of January 2020. It is ordered that the Plaintiff be at liberty to deliver to the Defendant no. 1 interrogatories in writing, and that the said defendant no. 1 do answer the interrogatories as prescribed by order XI, Rule 8 and that the costs of this application be cost in the cause.
In view of the above, Matter stands Adj for compliance/ reply to interrogatory to 14.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: At 11.30 am.
None present of both sides.
KB
Later On. At 04.15 pm.
Adv. Parikh for plaintiff present and served copy of interrogatories on counsel of deft no.1.
Adv. Shah for deft no.1 present and submitted that the plaintiff has obtained interim order in terms prayed clause (b) of the NM in the month of June 2019 and that is continued. Plff has also not served copies of interrogatories on deft no.1 before the tendering same in the court nor given any prior notice. Plff is delaying hearing on ad-interim relief.
Heard both sides. Plff is permitted to serve interrogatories on counsel of deft no.1. Accordingly same are served. 10 days time  granted to answer interrogatories.
Ld counsel of plff also seeks extension of time to the serve writ of summons. Extension granted. Office to do the needful and comply.
Adv. Dubey for deft no.2 and 3 present.
Matter stands Adj for Reply to the interrogatories to 27.01.2020 and 28.02.2020 for return of summons/filing of WS.
Next Purpose: REPLY
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: None present for plaintiff.
Adv. Dipti Shah for defendant no. 1 present and filed reply affidavit to Ex-10. She undertakes to serve the copy on other side.
Reply affidavit filed on behalf of defendant no. 1
Adv. Kharwar for Defendant no. 2 and 3 present.
Matter stands Adj for hearing on Ex-10 to 05.02.2020.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Called out at 11.42 am
Adv. Chavan for plaintiff present.
Adv. Ruchi Dhoka for defendant no. 1 present and sought short adjournment for hearing on  interrogatories. Adjournment granted.
Matter stands Adj for hearing on interrogatories to 17.02.2020.
Later on at 12.35 pm.
Adv. Dube for defendant no. 2 and 3 present.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Called out at 11.25 am
Adv. Parekh for plaintiff present.
Adv. Ruchi for defendant no. 1 present and seeks adjournment. Adjournment granted as last chance.
Adv. Shraddha Khandadiya for defendant no. 2 and 3 present.
Matter stands Adj for hearing to 29.02.2020.
Next Purpose: HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: The court is on leave
Next Purpose: HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: 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: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization.  No urgency.
Matter adjd to 02.07.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-07-2020

Date: 02-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 26/10/20
Next Purpose: HEARING
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: 26.10.2020
05
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.68/2019
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 6/11/2020 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
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  23/11/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
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   11/12/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 05/01/2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present for plaintiff.
Adv.Dipti Shah i/b. Mr.Tushar Goradia for defendant No.1 present.
Adv.S.R.Soni for defendant No.2 and 3 present.
Matter adjd to 13.01.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present for plaintiff .
Adv.Dipti Shah a/w. Adv.Dhwani Patel i/b Adv. Tushar Goradia for  defendant No. 1 present.
Matter adjd to 03.02.2021 for NM hearing.
LO
Adv.Shilpa Chavan for plaintiff present.
Matter adjd to 03.02.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.B.B. Parekh for plaintiff present.
Adv. Deepti Shah for defendant No.1 present.
Advocate for plaintiff argued on M.A.No. 2402/19.
Advocate for Def.No.1 argued on M.A.No. 2402/19.
Heard argument from both side.
Matter adjd to 10/02/2021  for order on N.M.
L.O. 12.25 pm
Adv. S.R. Sonio for def.2 present.
Matter adjd to 10/02/2021  for order on N.M.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None present for plaintiff.
Adv.Dipti Shah a/w. Adv.Dhwani Patel for defendant no.1 present.
Adv. of defendant No.1 filed draft notice of motion a/w. affidavit in support of draft notice of motion.
O-Leave granted to register draft notice of motion.
Adv.of deft. No.1 had tendered written statement. O-Put up for order.
KB
LO
Plaintiff Ketan Chatwani present.
Adv.B.B. Parekh for plaintiff present.
Matter adjd to 22.02.2021 for Order on WS.
Kept back for NM order
LO
F.R.S.R. the following order is passed
        ORDER ON NM 2402/19
Notice of Motion No.2402/2019 is dismissed.
Matter adjd to 22.02.2021 for Order on WS.
Next Purpose: ORDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plaintiff.
Adv.Dipti Shah a/w. Adv. Utkarsha Sonavane for defendant No.1 present.
Adv.Dinesh R. Mishra for defendant No.2 and 3 present.
Registered NM No.416/21 a/w. affidavit in support of registered NM No.416/21 filed by Adv.of deft. No.1 t.o.r.
Matter adjd to 05.03.2021 for NM Reply.
LO
Adv.Shilpa Chavan for plaintiff present.
Matter adjd to 05.03.2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv.B.B. Parekh for plaintiff present.
Adv.Dipti Shah a/w. Adv.Dhwani Patel for defendant No.1 present.
Adv.D.R. Mishra for defendant No.2 and 3 present.
Say given by Adv.of plaintiff on NM No.416/2021.
Pursis, Exh.12 filed by defendant no.2 and 3 t.o.r. O-filed.
Heard on NM No.416/2021.
KB for Order on NM 416/2021.
LO
F.R.S.R. the following order is passed
                     ORDER
1. The Notice of Motion No.416/2021 is allowed.
2. The delay to file the written statement is condoned.
3. The defendant No.1 is permitted to file the written statement.
4. The notice of motion stands disposed of.
Matter adjd to 16.03.2021 for admission denial and statement of truth.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv.Shilpa Chavan for plaintiff present.
Adv.Dhwani Patel for defendant No.1 present.
Adv.S.R.Soni for defendant No.2 and 3 present.
Adjournment application, Exh.13 filed by Adv. of plaintiff t.o.r.
O-Time granted for admission and denial of documents.
Matter adjd to 01.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Plaintiff absent.
defendant absent.
Adv. for plaintiff absent.
Adv.R. S. Dubey i/b sahish Sony  for  defendant no. 2 and 3 present.
Adv. Avni for defendant no. 1. present.
Matter adjd to 20.04.2021 for admission and denial.
Lo at11.23 am
Adv. Shilpa Chavan for accused is present.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adv. Shilpa Chavan for plaintiff present and seeking time for admission denial.
None present for defendant.
Adj. 03-05-2021 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Adv. Shilpa Chavan for plaintiff present.
None present for defendants.
Due to rise in Covid cases, Adjd to 29.06.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Adv.B.B. Parekh for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 09.07.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Adv.Shilpa Chavan for plaintiff present.
Adv.Dhwani Patel a/w. Adv.Pinky Jogani for deft. No.1 present.
Adv. of plaintiff orally requested time. Time granted.
Matter adjd to 26.07.2021 for admission denial.
LO at 12.11 am
Adv.Mr.Soni for deft.2 and 3 present.
Matter adjd to 26.07.2021 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 06.08.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None present for plaintiff.
Adv.Dipti Shah for defendant No.1 present.
Adv.Shraddha Khandhadia h/f.Adv.Sahish Soni for defendant No.2 and 3 present.
KB for filing admission and denial by defendant No.2 and 3.
LO at 12.58 pm
Adv.Palak Ranka h/f.Adv.B.B. Parekh for plaintiff present.
Adv.Dipti Shah for defendant No.1 present.
      Plaintiff submits that the plaintiff is willing to file chamber summons for amendment on next date.
KB for filing admission and denial by defendant No.2 and 3.
LO at 01.16 pm
Adv.Sahish R. Soni for defendant No.2 and 3 present.
Adv. of deft.No.2 and 3 filed admission and denial to the documents filed by the plaintiff, Exh.14 t.o.r.
Adv. of deft.No.2 and 3 filed admission and denial to the documents filed by the defendant No.1, Exh.15 t.o.r.
      Copies of Exh.14 and Exh.15 are also filed for plaintiff and defendant No.1.
Matter adjd to 28.09.2021 for filing of ch/s by the plaintiff, filing of admission and denial by the plaintiff and defendant No.1.
LO at 03.25 pm
Adv.Yash Dhakad for defendant No.1 present. He received copies of Exh.14 and Exh.15. Endorsement to that effect is made by defendant.
Matter adjd to 28.09.2021 for filing of ch/s by the plaintiff, filing of admission and denial by the plaintiff and defendant No.1.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Adv.Palak Ranka i/b.B.B.Parekh for plaintiff present. She filed application, Exh.16 for matter taken on today\''s board.
O-Allowed to take case on today\''s board.
Adv. of plaintiff filed draft chamber summons for amendment a/w.affidavit in support t.o.r. O-Leave granted to register the chamber summons.
Matter already adjd to 28.09.2021 for ch/s reply and admission and denial by the plff. and deft.No.1.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Palak Ranka i/b.Adv.B.B.Parekh for plaintiff present.
Adv.Dhiraj Bhandari a/w.Adv.Pinky Jogani h/f. Tushar Goradia Associates for defendant No.1 present.
Adv. for plaintiff tendered registered chamber summons No.1179/2021 a/w. affidavit. Copy given to Adv. of defendant No.1. Endorsement to that effect is made.
Matter adjd to 13.10.2021 for ch/s. reply.
Next Purpose: REPLY
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: None present for plaintiff.
Adv.Dhiraj Bhandari for defendant No.1 present. He orally requested for time to file reply to Ch/s. On oral request time granted.
Matter adjd to 28.10.2021 for filing reply and argument on Ch/s.
LO at 1.00 p.m.
Adv.Palak Ranka h/f Adv.B.B.Parekh for plaintiff present.
Adv.S.R.Soni for defendant Nos. 2 and 3 present.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv. Palak Ranka h/f Adv.B.B. Parekh for plaintiff present.
Adv. Pinky Jogani i/b Adv.Tushar Goradia for defendant No.1 present.
The defendant No.1 filed reply to Ch/s. t.o.r. marked as Exh.17
Copy of same is furnished to the plaintiff. Endorsement is made.
The plaintiff submits that copy of ch/s is already served on defendant Nos.2 and 3. Hence, adjourned to 26.11.2021 for reply by defendant Nos.2 and 3 on Ch/s No.1179/21.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv.Palak Ranka i/b.Adv.B.B.Parekh for plaintiff present.
Adv.Prasad Dhanawade h/f.Adv.Tushar Goradia for defendant No.1 present.
KB till 01.30 pm,
LO at 1.45 p.m.
Adv.Palak Ranka i/b.Adv.B.B.Parekh for plaintiff present.
Adv.Riya Thakkar i/b Adv.Tushar Goradia for defendant No.1 present.
The plaintiff tendered affidavit of service in chamber summons Exh.18 t.o.r. alongwith letter of service of notice of chamber summons on defendant Nos.2 and 3 by currier.
             ORDER ON CHAMBER SUMMONS No.1179/2021
Defendant Nos.2 and 3 though served with the notice of chamber summons, failed to file reply. Hence, chamber summons shall proceed without reply of defendant Nos.2 and 3.
Matter adjd to 15.12.2021 for order on Ch/s.No.1179/2021.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
Adv.S.R.Soni for defendant No.2 and 3 present. He orally requested for time to take steps for setting aside no reply order in chamber summons.
In view of SOP dated 06.01.2022, matter adjd to 09.02.2022 for order on chs/steps by deft.2 and 3.
Next Purpose: ORDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Adv.Palak Ranka i/b. Adv.B.B. Parekh for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 07.03.2022 for Order.
                                                                                              Judge
LO at 12.01 pm,
Adv.S.R. Soni h/f.Dhwani Patel for defendant No.2 and 3 present.
Adv.of defendant filed draft notice of motion (setting aside) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The defendant No.2 and 3 undertake to serve the copy of NM and affidavit on the plaintiff.
Matter already adjd to 07.03.2022 for Order, service affidavit in NM by deft.2 and 3, reply by pltff. in NM (set aside).
Next Purpose: ORDER
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: None present for plaintiff.
Adv.Amish Gandhi i/b.Adv.Tushar Goradia for defendant No.1 present.
Adv.Shraddha Jamdar for defendant No.2 and 3 present. She tendered registered NM No.587/22 a/w. affidavit in support t.o.r.
Copy of same is received by defendant No.1 with endorsement.
Copy of registered NM No.587/22 a/w. affidavit is kept on record for furnishing same to the plaintiff.
Defendant No.2 tendered reply to chamber summons No.1179/21 t.o.r. and marked as Exh.19.
Defendant No.3 tendered reply to chamber summons No.1179/21 t.o.r. and marked as Exh.20.
        Copies of reply Exh.19 and Exh.20 are furnished to defendant No.1 with endorsement and also copy of same is kept on record for furnishing to plaintiff.
Matter adjd to 28.03.2022 for reply by pltff. in NM No.587/22 and hearing of chamber summons No.1179/21 and NM.
                                                                                              Judge
LO at 12.30 pm,
Adv.Vaishnavi Parab i/b.Adv.B.B.Parekh for plaintiff present.
Copies of registered NM No.587/22 a/w. affidavit and copies of reply Exh.19 and Exh.20 are received by plaintiff with endorsement.
Matter adjd to 28.03.2022 for reply by pltff. in NM No.587/22 and hearing of chamber summons No.1179/21 and NM.
Next Purpose: REPLY
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv.Shilpa Chavhan h/f.Adv.B.B.Parekh for plaintiff present.
Adv.Riya Thakkar h/f.Adv.Tushar Goradia for defendant No.1 present.
KB
LO at 11.52 pm,
Adv.Shilpa Chavhan h/f.Adv.B.B.Parekh for plaintiff present.
Adv.Riya Thakkar h/f.Adv.Tushar Goradia for defendant No.1 present.
Adv.Shraddha Jamdar h/f.Satishkumar Soni for defendant No.2 and 3 present.
Adv.for plaintiff filed handwritten reply below the notice of motion 587/22.
Heard the Deft.No.2, 3 and the plaintiff in NM 587/22.
F.R.S.R. following order is passed
ORDER
1. Notice of Motion No.587 of 2022 is allowed.
2. Order dated 26.11.2021 directing the Chamber Summons No.1179 of 2021 to proceed without reply of defendant No.2 and 3 is set aside.
3. The defendant No.2 and 3 are allowed to file reply in Chamber Summons No.1179 of 2021.
Matter adjd to 04.04.2022 for reply by deft.2 and 3 on Ch/s. and hearing on ch/s.
Next Purpose: REPLY
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None present for plaintiff.
Adv.Ms.Parichehr Zaiwalla h/f.Tushar Goradia for defendant No.1 present.
Defendant No.2 and 3 failed to comply with order dated 28.03.2022. Keep for order.
LO at 12.05 pm,
Adv.Palak Ranka h/f.Adv.B.B.Parekh for plaintiff present.
Adv.Ms.Parichehr Zaiwalla h/f.Tushar Goradia for defendant No.1 present.
Adv.S.R.Soni for defendant No.2 and 3 present.
In view of order dated 28.03.2022 in NM No.587/2022, reply of deft.No.2 and 3 already filed at Exh.19 and Exh.20 is t.o.r.
Heard parties on chamber summons No.1179/21.
Matter adjd to 16.04.2022 for order on ch/s No.1179/21.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv.Palak Ranka  h/f Adv. B. B. Parekh present for plaintiff.
None present for defendant.
KB
LO at 03.00 pm,
None present.
Matter adjd to 08.06.2022 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv Palak for plff present.
Adv Dhruvit Shah i/b Tushar goradia for deft No.1 present.
Matter adjd to 23.06.2022 for ch/s hearing.
                                                                                              Judge
L.O. at 12.50 p.m.
Adv Shraddha Jamdar for deft Nos.2 and  3 present.
Already adjd. to  23.06.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2022

Date: 08-06-2022
Business: Adv Palak for plff present.
Adv Dhruvit Shah i/b Tushar goradia for deft No.1 present.
Matter adjd to 23.06.2022 for ch/s hearing.
                                                                                              Judge
L.O. at 12.50 p.m.
Adv Shraddha Jamdar for deft Nos.2 and  3 present.
Already adjd. to  23.06.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2022

Date: 23-06-2022
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None present for plff.
Adv. Ms. Riya Thakkar Present for deft no.1.
Adv. Ms. Shraddha Jamdar present for deft no.2 and 3.
KB.
LO 11.52 am.
Adv. Ms. Palak Ranka h/f Adv. B. B. Parekh Present for Plff.
Heard both parties on CS 1179/21.
Adj. For Order on CS 1179/21 on 14/07/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-07-2022

Date: 28-06-2022
Business: None present for plff.
Adv. Ms. Riya Thakkar Present for deft no.1.
Adv. Ms. Shraddha Jamdar present for deft no.2 and 3.
KB.
LO 11.52 am.
Adv. Ms. Palak Ranka h/f Adv. B. B. Parekh Present for Plff.
Heard both parties on CS 1179/21.
Adj. For Order on CS 1179/21 on 14/07/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Palak Ranka for plaintiff present.
None present for defendant.
FRSR., following order is passed on Ch/s No.1179/21.
ORDER
Chamber Summons No.1179 of 2021 stands rejected.
Case is adjd to 03/08/2022 for Admission and Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-08-2022

Date: 14-07-2022

Date: 03-08-2022
Business: None present.
KB LO. 12.50.
None Present for Plff.
Adv. Riya Thakkar h/f Adv. Tushar Goradia Present for deft no.1.
None Present for Deft no.2 and 3.
adv of deft no.1 seeks time for admission and denial. Granted as a last chance.
Adj. For Admission and Denial on 26/08/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None present for plaintiff.
Adv. Riya Thakkar for defendant no.1 present.
KB. L.O at 12.00 p.m.
Adv. Shraddha Jamdar for defendant nos. 2 and 3 present.
L.O. at 01.11 p.m.
Adv. S.R.Soni for defendant nos. 2 and 3 present.
L.O. at 02.45 p.m.
None present for plaintiff.
Exh. 21- Advocate of defendant no.1 has filed admission and denial.
Copy be served to plaintiff.
Case adj for draft issues and CSM to 15/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Plff in person present.
Adv. Riya Thakkar I/b Tushar Goradia Present for Deft no.1.
both parties seeks time to file draft issues. Granted.
Adj. For Draft issue and CMS hearing on 04/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Plff present.
Adv. Shruvit Shah I/b Adv. Tushar A . Goradia Present for Deft.
Both seeks time for filing draft issues. Granted.
Adj. For Draft issues and CMS hearing on 21/10/2022.
Lo 12.52.
Adv. S. R. Soni Present for Plff.
Adj. For Draft issues and CMS hearing on 21/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: By Praecipe
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Plaintiff present. His advocate absent.
Plaintiff has not filed draft issues.
Adv. Neha Mishra for defendant present.
Adv. Priya Mehra  h/f Adv Tushar Goradiya present for defendant no.1 and not filed draft issues.
Exh.22 : Adv of defendant no.2 and 3 filed draft issues. TOR
Case adjd for CMH and draft issues by plaintiff and defendant no. 1 on 23.11.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Plff present.
Adv. Chinmay Paradkar I/b Tushar Goradia Present for Deft no.1.
Adv. S. R. Soni Present for Deft no.2 and 3.
Plff contended that his adv is unable to attend Court due to bypass surgery. Thus short adjournment granted for filing draft issues by plff.
Adj. For Draft issues by Plff on 05/12/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: None Present for Plff.
Adv. Chinmay Paralkar Present for Deft no.1.
Ex.23 - Adv of deft no.1 has filed draft issues. Copy be served upon otherside.
KB LO 12.00.
None Present for Plff. Plff has not filed draft issues.
As per order dt.05/03/2021 passed below NM 416/21 the deft no.1 is allowed to file WS. His WS is on record however it seems that it is not marked exhibit. Hence today it is marked Ex.24.
Ex.25 - Issues framed.
Adj. For List of witness and CMS hearing on 10/01/2023.
LO 1.30 pm.
Adv. S. R. Soni Present for Deft no.2 and 3.
Adj. For List of witness and CMS hearing on 10/01/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: None for plaintiff.
Adv. Chinmay Paradkar I/b Tushar Govadon  for defendant no.1 present.
L.O. at 12.30 pm.
Adv. Meena Anil Lehro  for  deft  no.2 and 3
Heard advocate of both parties on point of CMS.
On or before
Business.
10/01/2023 to 28/02/2023
Evidence of witnesses of plff. ( Chief and Cross examination)
28/02/2023 to 21/04/2023
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 21/04/2023
Arguments
Case adjd for  evidence of plaintiff on 02.02.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: None Present for Plff.
Adv. Chinmay Pradkar h/f Adv. B. B. Parekh Present for Deft no.1.
Adv. Sharddha Jadhav h/f Adv. Satishkumar Soni Present for Deft no. 2 and 3.
Exh.26- Adv of Deft no.1 has filed list of witness. Copy be served upon otherside.
KB LO 12.45 pm.
None Present for Plff.
Adv. Chinmay Pradkar h/f Adv. B. B. Parekh Present for Deft no.1.
Adv. Sharddha Jadhav h/f Adv. Satishkumar Soni Present for Deft no. 2 and 3.
Adj. For Evidence of plff on 15/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None Present for Plff.
Adv. Chinmay Paradkar I/b Tushar Goradia Present for Deft no.1.
Adv. Shardha Jadhav h/f Adv. Satishkumar Soni Present for Deft no. 2 and 3.
Adj. For Evidence of plff on 01/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: None Present for Plff.
Adv. Chinmay Paradkar I/b Tushar Goradia Advocates Present for Deft no.1.
KB LO 11.45.
None Present for Plff.
Adv. Chinmay Paradkar I/b Tushar Goradia Advocates Present for Deft no.1.
Record shows that plff is absent since long and today case is for his evidence. It seems that plff is not interested to proceed with the suit.
Hence matter adjourned for dismissal order on 30/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: None Present for Plff.
Adv. Chinmay Paradkar h/f Adv. Tushar Goradia Present for Deft no.1.
Adv. Shradha Jadhav h/f Statishkumar Soni Present for Deft no. 2,3.
KB 4.30
None present for plff.
Today case is for dismissal order. However none present on behalf of plaintiff. Record shows that plff has not adduce evidence inspite of many chances. Thus it seems that plaintiff is not interested to proceed with the suit. Hence suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 30-03-2023

Additional Case Details

Additional Case Details
Filing Number: 106885/2019
Filing Date: 25-06-2019
First Hearing Date: 05th August 2019
Decision Date: 30th March 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
30 Mar 2023
Order Details: Other
Pdf Text: 30.03.2023
01
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
68/19
None Present for Plff.
Adv. Chinmay Paradkar h/f Adv. Tushar Goradia Present for Deft
no.1.
Adv. Shradha Jadhav h/f Statishkumar Soni Present for Deft no. 2,3.
KB 4.30
None present for plff.
Today case is for dismissal order. However none present on behalf
of plaintiff. Record shows that plff has not adduce evidence inspite
of many chances. Thus it seems that plaintiff is not interested to
proceed with the suit. Hence suit stands dismissed for want of
prosecution.
Judge
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