Date: 06-06-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-06-2018
Date: 19-06-2018
Business: Adv. Mr. Savithri for pltff present.
Adv. Mr. Rakesh Agarwal for Deft no.1 and 2 present.
Heard arguments.
Matter adjd to 21.06.2018 for Ch/s orders/ contempt N/M hearing/ draft issues.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-06-2018
Date: 21-06-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-06-2018
Date: 26-06-2018
Business: Plaintiff present.
Deft present. Adv. Mr. Kumbhar for Defendant present.
Court time is over.
Matter is adjd. to 2.07.2018 for Ch/s order.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-07-2018
Date: 27-07-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for defendant no. 1 and are present.
Adv. Savitri seeks time to take out a fresh Ch/s in furtherance of the order passed in W.P.
Adjd for steps to 21.02.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Resumed.
Adv. Lata Kharwa h/f Adv. Savitri for plaintiff is present. She seeks time on the ground that Adv. Savitri is not keeping well. Defendant no. 2 in person is present. The matter is time bound by the Hon\''ble High Court. Time is granted as last chance.
Adjd for steps to 26.02.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Resumed.
Advocate Ms. Savithri for the plaintiff present.
Advocate Ms. Sharma for the defendant present.
Adv. Savithri tendered Ch/s with affidavit seeking amendment to the plaint. Leave to register the Ch/s is granted.
Copy of Ch/s served on advocate Sharma for defendants.
Adjd for reply and Ch/s hearing to 2.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for def. no. 2 are present.
Adv. Sharma filed reply to Ch/s.
kept back.
L. O. at 4.30 p.m. Adv. R. N. Sharma for plaintiff is appeared.
Copy of amended plaint as per Ch/s no. 871/2018 is served on Adv. for def. no. 2.
Adv. Savitri tendered registered Ch/s no. 482/2019
Heard, respective advocates on Ch/s No. 482/2019 at length.
Adjd for Ch/s orders to 05.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Resumed.
None for plaintiff and defendant.
FRSR the following order is passed on Ch/s no. 482/2019
ORDER
1. The Chamber summons no. 482 of 2019 is made absolute in terms of prayer clause (a) subject to payment of costs Rs. 3000/- to be paid to the defendant no. 2 or deposited in the Court for that purpose within a period of two weeks from today.
2. The amendment be carried out in all respects within the period of two weeks from today.
Adjd for compliance to 19.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Resumed.
None for plaintiff. Adv. Chanchal Sharma for def. no.2 is present.
She submits that the plaintiff has not supplied the copy of amended plaint. Though the plaintiff has paid the cost and carried out the amendment. The plaintiff is directed to supply copy of amended plaint to the defendants or their advocate before 26.03.2019, failing which necessary orders will be passed in the matter.
Adjd for NM arguments and additional w.s. to 26.03.2019.
L.O. at 3.00 p.,m
Plaintiff in person tendered copy of amended plaint and also served copy to Adv. Sharma.
Adjd for NM arguments and additional w.s. to 26.03.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Resumed.
None present for plaintiff.
None present for defendant no. 1 and 3.
Adv. Ms. Chanchal Sharma for defendant no. 2 present.
Exh. 8 Additional W.S. of defendant no. 2.
She undertakes to serve copy of additional W.S to other side.
Adjd to 29.3.2019 for arguments on N/M no. 1655/18or orders.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Resumed.
Adv. C. A. Savitri for plaintiff and Adv. R. K. Agarwal for defendant no. 2 are present.
Heard, respective advocates on NM No. 1655/2018 which has been taken out by the plaintiff seeking to take action against the defendant no. 2 for disobedience of an order of injunction. Both the Ld. Advocates submits that they will lead evidence in respect of the matter in dispute in the motion. Therefore the NM no. 1655/2018 be heard with suit. Copy of additional w.s. is served on advocate for plaintiff.
Adjd for framing issues to 02.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for def. no. 2 are present.
Draft issues filed by the plaintiff. Adv. Sharma seeks time to file draft issues.
Adjd for draft issues to 03.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Resumed.
Adv. Savitri for plaintiff is present. None for defendants.
Kept back.
L.O. at 3.30 p.m., None for plaintiff and defendant.
Exh. 9 - issues.
Adjd for witness list and evidence of plaintiff to 11.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Ms. Shaikh for defendant no. 2 are present.
Adv. Savitri seeks time to file affidavit of evidence. Time is granted as last chance.
Adjd for evidence of plaintiff to 18.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Resumed.
Exh. 10 - Adv. Savitri for plaintiff filed application for adjournment.
The P.O. is busy in dictating judgment in Suit No. 752/1991. For want of time the board is discharged.
Adjd for evidence of plaintiff to 22.04.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Resumed.
Plaintiff in person and Adv. Shaikh for defendant are present.
Kept back. Later on 12.50 p.m.
Adv. Savitri with PW1 are present.
Exh.11 - Pursis by the plaintiff to pay Court fee after amendment
Order - A.R. Civil to verify and accept the Court fee and report.
Exh.12 - Affidavit of PW1 Leela Parshuram Uttarkar. Verification is recorded.
Exh.13 - Compilation of documents. Order- Other side to say.
Adv. Savitri under takes to serve the copies affidavit and documents to advocate for defendants
Adjd for reply and arguments on admissibility of documents to 26.04.2019
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Resumed.
Adv. Savitri for plaintiff and Adv. Chanchal Sharma for defendant are present.
Adv. Sharma recorded her reply on Exh. 13.
Adjd for arguments on admissibility of documents to 03.06.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2. The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons. The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019
Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2. The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons. The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019
Date: 03-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Draft chambers summons is filed on behalf of the plaintiff. Copy supplied to the defendant no 2. The Ld. Counsel for the deft. no. 2 objects as regard maintainability of the Chamber summons. The issue as regard the maintainability of chamber summons is kept open.
Matter is adjourned for hearing on issue of maintainability of Chamber Summons and admissibility of the documents to 11.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Heard both the sides on draft chamber summons.
The plaintiff has taken chamber summons for production of the office copy of letter dated 16.5.2019 sent by deft. no. 2 through her advocate and for permission to lead secondary evidence in respect of partnership deed, electricity bill of the shop no. 1 and 2.
The Ld. counsel for the deft. no. 2 objected the prayer clause \''b\'' on the count that chamber summons cannot be moved for the purpose of leading secondary evidence. He placed reliance upon the judgment of Hon\''ble Bombay High Court in the Writ Petition no. 11151/2017 (Kartik Gangadhar Bhat Vs. Nirmala Namdeo Wagh and Anr.) dated 3.11.2017. In view of the law laid down by the Hon\''ble Bombay High Court in the above cited case of Kartik, the application to seek leave for secondary evidence is not maintainable and therefore, the prayer for the same cannot be considered.
The Ld. counsel for deft. no. 2, on instruction of deft. no. 2, submitted that he has no objection for considering the prayer clause \''a\'' without prejudice to his rights. Thus, in view of the matter it is expedient to pass following order.
ORDER
1. Chamber Summons is partly allowed in terms of prayer clause \''a\''.
2. The prayer clause \''b\'' is rejected.
3. Chamber summons be registered for statistical purpose.
4. Chamber summons is disposed of accordingly.
________________________________________________
By the consent of both parties, adjourned for admissibility of documents to14.6.2019 at 4.00 pm
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-06-2019
Date: 11-06-2019
Business: Adv. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Heard both the sides on draft chamber summons.
The plaintiff has taken chamber summons for production of the office copy of letter dated 16.5.2019 sent by deft. no. 2 through her advocate and for permission to lead secondary evidence in respect of partnership deed, electricity bill of the shop no. 1 and 2.
The Ld. counsel for the deft. no. 2 objected the prayer clause \''b\'' on the count that chamber summons cannot be moved for the purpose of leading secondary evidence. He placed reliance upon the judgment of Hon\''ble Bombay High Court in the Writ Petition no. 11151/2017 (Kartik Gangadhar Bhat Vs. Nirmala Namdeo Wagh and Anr.) dated 3.11.2017. In view of the law laid down by the Hon\''ble Bombay High Court in the above cited case of Kartik, the application to seek leave for secondary evidence is not maintainable and therefore, the prayer for the same cannot be considered.
The Ld. counsel for deft. no. 2, on instruction of deft. no. 2, submitted that he has no objection for considering the prayer clause \''a\'' without prejudice to his rights. Thus, in view of the matter it is expedient to pass following order.
ORDER
1. Chamber Summons is partly allowed in terms of prayer clause \''a\''.
2. The prayer clause \''b\'' is rejected.
3. Chamber summons be registered for statistical purpose.
4. Chamber summons is disposed of accordingly.
________________________________________________
By the consent of both parties, adjourned for admissibility of documents to14.6.2019 at 4.00 pm
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. C. S. Savitri for plaintiff present.
Adv. Agarwal for deft. no. 2 present.
Additional evidence affidavit filed by the plaintiff.
Additional compilation of documents filed by the plaintiff.
O-Call say of defendants.
Draft chamber summons tendered by the plaintiff. Leave is granted to plaintiff to register the chamber summons.
On the objection of the Ld. Counsel for the deft. no. 2 the issue as regard maintainability of the chamber summons is kept open.
Time is granted to plaintiff to register the disposed of draft chamber summons.
Adjourned for chamber summons reply and admissibility of documents to 18.6.2019 at 12.00 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. C. S. Savitri for plaintiff present.
Adv. Agarwal for deft. no. 2 present.
Registered chambuer summons no. 1087/19 filed by the plaintiff. TOR.
Registered chamber summons 1089/19 (Disposed of) filed the plaintiff. TOR.
Reply to chamber summons no. 1087/19 filed by the defendant no. 2. TOR.
Heard argument Ld. advocate for plaintiff and Ld. Adv. for defendant no. 1 on chamber summons no. 1087/2019.
Adjourned for order on chamber summons no. 1087/19 to 19.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019
Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019
Date: 19-06-2019
Business: Board is discharged as court is busy in hearing arguments in chamber summons in E. A. No. 763/13.
Adjourned for order on chamber summons no. 1087/19 to 20.6.2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: None present.
FRSR following order is passed on chamber summons no. 1087/2019
1. Chamber Summons No. 1087/2019 is allowed in terms of prayer clause \''a\''.
2. Chamber summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 20-06-2019
