Date: 23-07-2018
Business: Adv. N. J. Devashrayee Present for the Plff.
Adv. Ms. Upasana vasiya I/b Wadia Present for the Deft.
Adv. Filed VP. t.o.r.
On the oral request of the Ld counsel for the deft. Time granted for filing WS.
Adj. For Written Statement on 20/08/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Adv. N. J. Devashreayee Present for the Plff.
Adv. Ms. Vasana Basubi Present for the Deft.
On the oral request of the Ld counsel for the Deft. Time extended for filing WS.
Adj. For WS on 12/09/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Adv. N. J. Devashrayee Present for the Plff.
Adv. Ms. Basu Present for the Deft.
Ld counsel for the Deft filed WS alongwith Counter Claim t.o.r. and call the say of plff on counter claim. Copy be served to Ld counsel for the Plff.
Ld counsel for the Deft undertake to supply the copy of Counter claim.
Adj. For Reply to Counter claim on 29/10/2018.
Next Purpose: REPLY
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Adv. N. J. Devashrayee Present for the Plff.
Adv. Ms. Mittashi Present for the Deft.
Ld counsel for plff filed reply to CC in the WS. t.o.r. copy served to otherside.
Ld counsel for the Plff filed service affidavit of writ of summons. t.o.r.
Adj. For Draft issues on 22/01/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. N. J. Devashayee Present for the Plff.
Adv. Ms. Lakhani Present for the Deft.
Ld counsel for the Plff and deft sought time to filing draft issues. Granted.
Adj. For Draft issues on 05/04/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. N. J. Devashrayee Present for the Plff.
Adv. Ms. Upasana Present for the Deft.
Representative of plff present.
On the oral request of the Ld counsel for the both sides. Adj. granted.
Adj. for Draft issues on 17/06/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. N. J. Devashrayee Present for the Plff.
Representative of plff present.
Court is busy in dictating Judgment in SC No.945/13, Hence board is discharge.
Adj. granted. Adj. for Draft issues on 28/08/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. N.J. Devashrayee for plaintiff present.
Adv. Upasana Basu for defendant present.
On the possibility of compromise by consent little longer date is given.
Matter adjd for settlement on 18/11/2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. N. J. Devashrayee for plaintiff present.
Adv. Gandhi for defendant present.
Matter adjd for 17.01.2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. N. J. Devashrayee for plaintiff present.
Adv. Upasna for defendant present.
The Ld Adv appearing for deft has submitted that the offer given by the plff is not acceptable by deft.
Matter adjd for draft issues on 23/03/2020 at 11.00 am
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for hearing on case management to 12/10/2020.
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 04.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Both parties and their advocates are absent.
Adjourned for hearing on case management on 04.01.2021.
Next Purpose: HEARING
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Vipul Shukla for plaintiff present.
Advocate Upasana for defendant is present and submitted draft issues.
Matter is adjd.to 11-01-2021 for issues.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Plaintiff (Devidas Prabhu - D. G. Marketing) is present.
Adv. Uttam Parmar for plaintiff present.
Adv. Upasana Basu for defendant is present.
Exh. 6 - VP of Adv. Uttam Parmar along with no objection of previous lawyer, on behalf of plaintiff.
Matter is adjd.to 02-03-2021 for filing issues.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Representative of plaintiff present.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 23.04.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 22.06.2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Adv. Uttam Parmar for plaintiff present and filed draft issues.
None for defendant
Matter is adjd.to 16-07-2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Adv. N.J. Devashrayee for Plaintiff present
None for Defendant present
Matter is adjd.to 21-08-2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Uttam Parmar for plaintiff present.
Adv. Kyle for defendant present.
Exh. 7- Issue framed.
Matter is adjd.to 08-09-2021 for case management hrg.
Next Purpose: HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Mr. Uttam Parmar for the plaintiff.
Adv. Mr. Kyle Curry i/b Wadia Gandhy for the defendant.
Matter is adjd.to 07.10.2021 for case management hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Plaintiff present.
Adv. Uttam Parmar for plaintiff present.
Adv. Kyle Curry i/b Wadia Ghandy & Co. for defendant
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh. 8
Matter is adjd.to 22-10-2021 for filing list of witness by
both sides.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Uttam Parmar for plaintiff present and filed list of witness t.o.r. and marked as Exh.9
He also filed affidavit of witness PW – 1 Devidas Chandra Prabhu t.o.r. and marked as Exh. 10
He filed list of documents t.o.r. and marked as Exh.11
Adv. Kyle Curry for defendant present and he received copies of Exh. 9,10 &11.
Adv. Kyle Curry submitted that sought date may be given for file list of witnesses of the defendant. - adjournment granted.
Matter is adjd.to 10-11-2021 for list of witness of the deft.
And evidence affidavit of witnesses of the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. Uttam Parmar alongwith witness PW – 1 Devidas for plaintiff present.
Adv. Kyle Curry for defendant present and prayed for adjournment for filing list of witness and for cross examination.- short date be given.
Matter is adjd. to 26-11-2021 for filing list of witness by
the deft & R/E (Cross exam of PW – 1) and(12.00 noon).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Uttam Parmar a/w Raj Rampal for plaintiff present.
Adv. Kyle Curry for defendant present and filed list of witness t.o.r. and marked as Exh.12
Witness Devidas Chadra Prabhu present.
Further Examination in Chief by Advocate Uttam Parmar for plaintiff commenced after administering oath to the witness.
Exh. 13 – Copy of company petition no. 1244/2015.
Exh. 14 – Copy of memorandum of settlement.
After exhibition of above two documents, Ld. Counsel Shri Kyle Curry submitted that he has not filed affidavit of admission /denial of documents. He prayed that further examination in chief may be deferred till next date so that he can file affidavit of admission /denial of documents.
On request of Adv. Kyle Curry, further examination in chief is deferred till next date.
Matter is adjd.to 03-12-2021 for evidence of PW – 1 P.H.
& for filing affidavit of admission /denial of documents
by the deft. (2.45pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Raj Rampal for plaintiff present.
Adv. Pradeep Bakhru and Mr. Kyle Curry i/b Wadia Ghandy & Co. for defendant present.
Kb (2.45pm) LO
Adv. Kyle Curry i/b Wadia Ghandy & Co. for defendant present and filed application for direction to the plaintiff to serve the correct and complete copy of list of documents and a firmed affidavit of examination in chief. t.o.r. and marked as Exh.15
PW – 1 is present.
Matter is adjd.to 17-12-2021 for say on application.
(2.45pm)
Next Purpose: FILING SAY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Uttam Parmar for plaintiff present and provided compilation of documents to Adv. Nikhil Gupta for defendant.
Adv. Nikhil Gupta h/f Adv. Wadia for defendant present.
Matter is adjd.to 05-01-2022 for filing say on Exh. 15.
(2.45pm)
Next Purpose: FILING SAY
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Raj Rampal a/w Adv. Uttam Parmar for plaintiff present.
Adv. Nikhil Gupta for defendant present.
Heard both sides on application Exh. 15.
Ld. Counsel Shri Nikhil Gupta for defendant submitted that he
received documents with list of documents from Ld. Adv.
Uttam Parmar for the plaintiff. He further submitted that email
at serial No. 7 in the list is not available, but it is available in
the compilation of documents filed with the plaint. Hence,
prayer clause (a) and (b) in Exh. 22 has become infructuous as
purpose is served.
On perusal of the plaint and written statement, the defendant
has admitted proceeding of company petition No.
1244/2015, but denied its relevance. In addition to it,
memorandum of settlement and payment made in company
petition no. 1244/2015 is also referred in para 5 e of the
written statement. The defendant has also referred purchase
order dtd. 30-07-2013 in para 10 of the written statement.
The defendant has not disputed email communication
between the parties. Considering over all nature of pleadings
of parties, and the fact that written statement is filed on 12-
09-2018, the defendant should have taken inspection of
documents within 30 days from 12-09-2018. This time may
be extended up to further 30 days by the Court as per Order
11 Rule 3 (1) of the C.P.C.. So far as second contingency
enumerated in Order 11 Rule 3 (2) of the C.P.C. is concerned,
it is not applicable to the case in hand. Considering admission
of most of the documents either expressly or for want of
specific denial as per Order 8 Rule 5 of the C.P.C. and the stage
of the matter, there is no scope to consider the prayer of
inspection of documents. Hence, application Exh. 15 is rejected
in respect of prayer clause (c).
Matter is adjd.to 27-01-2022 for statement of admission
and denial of documents by the deft. (2.45pm)
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Rampal h/f Adv. Uttam Parmar for plaintiff.
Adv. Kyle Curry i/b Wadia Gandhy and Co. for defendant present and submitted that short may be given for filing statement of admission and denial of documents.
Matter is adjd.to 15-02-2022 for statement of admission
and denial of documents by the defendants.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Uttam Parmar a/w plaintiff present.
Adv. Kyle Curry I/b Wadia Ghandy & Co. for defendant present and filed statement of admission and denial of documents t.o.r. and marked as Exh.16.
Matter is adjd.to 10-03-2022 for further examination in
chief of P.W.1 Devidas at 12.00 noon.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Raj Rampal a/w Adv. Uttam Parmar alongwith constituted attorney of plaintiff present.
Adv. Nikhil Gupta for defendant present and submitted that Adv. Kyle Curry has left the firm and he needs some time to go through the matter and to participate in the proceeding. He further submitted that short date may be given.
Considering submission of Adv. Nikhil Gupta and stage of the matter, it is necessary to hear both sides on the point of exhibition of documents and to pass necessary order regarding exhibition of documents so that time will be saved and cross examination of PW - 1 Devidas can be commenced.
Hence, adjournment is granted with direction to both sides to advance their argument on the point of exhibition of documents filed by the plaintiff.
Matter is adjd.to 23-03-2022 for hrg on exhibition of
documents.
Next Purpose: HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None for plaintiff.
Adv. Nikhil Gupta for defendant present.
LO 11.35 am
Adv. Raj Rampal a/w Adv. Uttam Parmar for plaintiff present.
Matter is adjd.to 07-04-2022 for hearing on the point of
exhibition of documents 11.30 am
Next Purpose: HEARING
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Raj Rampal a/w Adv. Uttam Parmar alongwith plaintiff present.
Adv. Nikhil Gupta for defendant present.
Heard both sides on the point of exhibition of documents.
Matter is adjd.to 16-04-2022 for Order on the point of
exhibition of documents. (2.45pm)
Next Purpose: ORDER
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Raj Rampal h/f Adv. Uttam Parmar for plaintiff present.
Adv. Nikhil Gupta for defendant present.
After considering rival submissions on the point out exhibitions of documents, it appears that the plaintiff as well as the defendant are relying upon email communication between the parties. Though the defendant has raised the objection of non compliance of section 65 B of the Evidence Act, print out of emails can be exhibited for want of specific denial in written statement Exh. 3 and due to admission regarding most of emails exchanged between the parties in statement of admission and denial of the defendant Exh. 16. Similarly, letters and purchase orders are also admitted in Exh. 16. Order in Company petition is also admitted. Hence, documents at Sr. No. 3 to 13 in list of documents Exh. 11 are marked as Exh.17 to 27.
Matter is adjd.to 15-06-2022 for evidence of PW - 1 on
Exh. 10. (12.00 noon)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Raj Rampal and adv. Uttam Parmar for plaintiff present.
PW-1 D. C. Prabhu present.
Adv. Priyanka Chaddha for defendant present and sought time.
Application for adjournment filed by adv. for defendant. O- Granted.
Adjd for recording evidence to 01/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Raj Rampal for plaintiff present.
Adv. Nikhil Gupta for defendant present.
PW-1 present.
Adjd for evidence to 04/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Uttam Parmar and adv. Rampal for plaintiff present.
PW-1 is present.
Adv. Nikhil Gupta for defendant present.
Adv. for defendant submitted that talks of settlement are going on between parties. Ld. Adv. for plaintiff objected for the same however he submitted that last chance be given to defendant. Considering the submission of both sides adjournment is granted as last chance.
Adjd for evidence to 19/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Uttam Parmar along with adv. Raj Rampal for plaintiff present. Mr. D. C. Prabhu PW-1 present.
Adv. Mr. Behl for defendant present.
Adv. for plaintiff sought time for further examination in chief of plaintiff witness
Adjd for evidence to 17/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Nikhil Gupta for defendant present. Defendant absent.
Representative of plaintiff present.
Adv. Uttam Parmar along with adv. Raj Rampal for plaintiff present.
PW-1 D. C. Prabhu present.
Adjd for evidence to 15/10/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Raj Rampal and adv. uttam Parmar for plaintiff present.
Plaintiff witness No.1 D.C. Prabhu present.
Adv. Mr. Behl for defendant present.
Heard both sides at length.
Adv. for plaintiff submitted that as per order dt. 16.04.2022 the document at Sr no. 3 to 13 were marked exhibit as Exh.17 to Exh37 however document filed at sr no. 14 to Sr no. 34 were not exhibited hence prayed for marking of documents.
Adv. for defendant has also not objecting the document for given exhibit subject to cross examination. Considering the submission of both sides in view of affidavit of plaintiff, the document sr. No. 14 to sr. no. 34 as marked as exhibits as under subject to cross examination
Exh 28 Email dt. 26.09.2014
Exh-29 Letter and email dt. 30.09.2014
Exh-30 Letter dt. 01.10.2014
Exh-31 Email dt. 01.10. 2014
Exh-32 Proforma invoice dt. 09.10.2014
Exh-33 Email dt. 05.12.2014
Exh-34 colly email dt. 27.02.2015 and 07.03.2015
Exh-35 copy of the minute meeting dt. 09.09.2016
Exh-36 copy of said email dt. 20.1.2016
Exh-37 copy of minutes of meeting dt. 29.10.2016
Exh-38 copy f letter dt. 30.11.2016
Exh-39 copy of letter dt. 24.12.2016
Exh-40 colly copy of email dt. 17.01.2017 and 02.03.2017
Exh-41 copy of email dt. 22.03.2017
Exh-42 email dt. 22.03.2017 of Mittal corporation Ltd.
Exh-43 colly copy of letter dt. 27.03.2017 and 25.04.2017
Exh-44 copy of said letter dt. 03.01.2017
Exh-45 letter dt. 18.05.2017
Exh-46 demand notice dt. 19.02.2018
Exh-47 copy of said reply of these defendants.
Exh-48 copy of said letter dt. 06.04.2018
Adv. for defendant filed list of documents relied by defendant t.o.r. and marked as Exh. 49 O-Filed
Cross examination of PW-1 commenced and partly recorded.
Exh-50 Print out of Sanghi Overseas website home page.
on request of adv. for defendant further cross examination is deferred.
Adjd for further cross examination to 01/11/2022 at 12 noon
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Raj Rampal along with Adv. Uttam Parmar for plaintiff present.
Mr. D. C. Prabhu PW-1 present.
Adv. Mr. Behl for defendant present.
Further cross-examination of PW-1 on solemn affirmation by adv. Behl for defendant commenced and completed. Cross-examination is over. No re-examination.
Adjd for further evidence to 14/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Uttam Parmar for plaintiff present.
Adv. Nikhil Gupta for defendant present.
Affidavit of evidence of PW-2 Umashankar Singh filed by plaintiff along with documents t.o.r. and marked as Exh. 51 O- Read and recorded in evidence. Copy be served to other side.
Adjd for cross examination of PW-2 to 10/01/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Raj Rampal a/w Adv. Uttam Parmar for plaintiff is present.
PW-2 Mr. Umasham Singh is present.
PW-1 Mr. D.C. Prabhu is present.
Adv. Mikhail Bele, Adv. Nikhil Gupta i/b Wadia Ghandy & Co. for defendant present.
Adv for deft filed admission and denial t.o.r. O- R & R.
Heard argument on both sides regarding marking documents file along with Exh.51
Case is adjourned for marking of documents alongwith Exh.51 and cross examination to 16-01-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. Adv. Raj Rampal a/w Adv.Uttam Parmar for plaintiff is present.
Adv. Behel for defendant is present.
Mr. Umashankar Shah PW-02 is present. Oath is administered to the PW-02. Pw-02 admitted the contents of documents filed along with Exh.51.
Heard argument of both sides on marking documents filed alongwith Exh.51
Case is adjourned for marking documents filed alongwith Exh.51 to 08-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Raj Rampal for plaintiff present
Adv. Nikhil Gupta for defendant present.
Case is adjourned for Order on 03.03.2023.
Next Purpose: ORDER
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Rajram Pal for plaintiff is present.
Adv. Nikhil Gupta i/b Wadia Ghandy for defendant is present.
Court is busy in dictating judgment in Commercial summary suit 402 of 22 and dictating order in Chamber summons No. 444 of 2020, Notice of Motion No.2611 of 22.
Case is adjourned for order to 15-03-2023.
Next Purpose: ORDER
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Raj Rampal for plaintiff is present.
Adv. Nikhil Gupta i/b Wadia Ghandy and Co for defendant is present.
Court is busy in dictating order in NM nos. 603 of 2023, 4610 of 2022 and 59 of 22.
Case is adjourned for order to 24-03-2023.
Next Purpose: ORDER
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. Uttam Parmar for plaintiff.
Adv. Nikhil Gupta i/b. Wadi Chourdhari and Co. for the defendant.
Court busy in discharging board of Court Room Nos. 01, 14 and 32.
Case is adjourned 01.04.2023 for marking documents.
Next Purpose: ORDER
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Uttam Parmar for plaintiff present
None for defendant.
Witness present.
Case is adjourned to 26.04.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Raj Rampal for plaintiff is present.
Plaintiff witness is present.
Adv. Nikhil Gupta i/b Wadia Ghandy for defendant is present.
Heard ld both sides on the point of marking of documents. Ld adv for plaintiff submitted that the witness PW-02 has proved the document and hence, documents be marked as Exhibit. Ld adv for defendant strongly objected for marking documents and also denial the existence and contents of documents. Hence, documents should not be marked as exhibit. I have gone through the affidavit of examination in chief of PW-02. In affidavit of examination in chief of PW-02, he has made reference of all the documents. Therefore, documents can be marked as exhibits. There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence. These documents contain statement of facts and the truth of such facts is in issues and will have to be established. PW-02 deposed about the documents. Now defendant can cross-examine the plaintiff witness and the Court will finally decide on the truth in the course of trial.
Ld adv for the defendant strongly objected for exhibiting the documents. He also argued that the documents were filed at late stage on record. Hence, they can not be admitted. In present case the documents were filed by PW-02 along-with his affidavit and they were taken on record. The objections regarding the admissibility can be taken on record. Exhibition of documents is administrative function. Mere exhibition of document cannot dispense with the proof of documents. Hence, there will be no prejudice to the defendant. Exhibiting or marking of a document after such formal proof is tendered does not, however, mean that the question of genuineness of the document is finally concluded in the trial. Only when all the evidence is led that the court may take a final call on the genuineness of a document in this sense. So also, exhibiting or marking of a document in evidence after its formal proof is tendered does not mean that the truth of its contents is proved, whenever of course the truth is in issue, as explained above. Hence, documents are marked as exhibits.
Exh.53 colly. - Copies of minutes of meetings.
Exh.54 - Engineer schedule.
Exh.55 colly. - Work order a/w annexture 2,3,4
Exh.56 colly - Two purchase order
Case is adjourned for cross-examination of PW-02 to 13-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Sanghi Motors (Bombay) Pvt Ltd Vs MCL Global Steel Pvt. Ltd
Adv. Raj Rampal present for plaintiff.
Adv. Nikhil Gupta present for defendant.
Plaintiff witness Uma Shankar Singh present for Cross-examination. Defendant counsel is seeking oral adjournment. Plaintiff side has raised objection.
As plaintiff witness is present, adjournment is allowed subjected to Cost of Rs.1000/-.
Matter adjourned to 23.06.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Sanghi Motors (Bombay) Pvt Ltd Vs MCL Global Steel Pvt. Ltd
Advocate Raj Rampal alongwith Adv. Uttam Parmar present for plaintiff.
Advocate Priyansh Jain present to defendant.
Exh.57 - Vakaltnama filed by defendant.
Perused roznama dated 13.06.2023.
Both side to take steps regarding evidence
On oral request of both counsels matter adjourned.
Adjourned to 21.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: Sanghi Motors (Bombay) Pvt Ltd Vs MCL Global Steel Pvt. Ltd
Plaintiff witness Umashankar Singh present. His counsel absent.
Adv. Nansi Singh present for defendant.
She submitted that, her Senior Counsel absent.
Perused roznama Dt. 13.06.2023 and 17.07.2023.
Plaintiff to take steps regarding evidence. Else, put for necessary Order against defaulting party.
On oral request of plaintiff witness Umashankar Singh matter is adjourned to 25.10.2023.
Matter adjourned to 25.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Sanghi Motors V/s MCL Global
Adv. Raj Rampal present for plaintiff.
Plaintiff witness absent.
Adv. Aditya Kumare present for defendant.
Adv. Kumare submitted that, his senior counsel is busy in High Court.
Parties to take steps regarding evidence of plaintiff / cross-examination.
Case adjourned to 18.12.2023 for evidence of plaintiff / cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Sanghi Motors V/s MCL Global steel
Adv. Uttam Parmar present with Plaintiff witness Umashankr.
Adv. Mariam present for defendant.
As Court is on leave, matter adjourned.
Case adjourned to 24.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Sanghi Motors V/s MCL Global steel
All called, but absent.
Suit is filed on 02.07.2018 and is pending for cross-examination of plaintiff Umashankar since 06.04.2023.
Considering, the age of Suit. Parties to expedite.
Case adjourned to 30.01.2024 for cross-examination of plaintiff.
Later on at 12.13 Hrs.
Adv. Uttam Parmar present for plaintiff.
Plaintiff witness Umashankar present.
Defendant side called, but absent.
Case adjourned to 30.01.2024 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Sanghi Motors V/s MCL Global
Plaintiff witness Uma Shankar present. His counsel absent.
Defendant side called, but absent.
Later on at 13.00 hrs
Adv. Uttam Parmar present for plaintiff.
Plaintiff witness Uma Shankar present for cross-examination.
Perusal shows, Suit is pending for cross-examination of Plaintiff witness Uma Shankar since 13.06.2023. Defendant granted last opportunity to comply.
Exh.58 - Pursis by plaintiff stating that, defendant has not complied Order relating to Cost.
Suit adjourned of further order.
Case adjourned to 07.02.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Sanghi Motors V/s MCL Global
Adv. Uttam Parmar and Adv. Raj Rampal present for plaintiff.
Plaintiff witness Umashankar present.
Defendant side called again, but absent.
Perused roznama from 26.04.2023 onward.
Considering, absence of defendant following order is passed
Suit to proceed without cross-examination of plaintiff witness Umashankar.
Plaintiff to take steps regarding further evidence, if any.
Suit adjourned to 16.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Sanghi Motors V/s MCL global
Adv. Uttam Parmar present for plaintiff.
Plaintiff is seeking oral adjournment to lead evidence.
Defendant side called, but absent.
Suit is filed on 02.07.2018.
Parties to expedite.
Suit adjourned to 14.03.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Sanghi Motors v/s MCL Global steel
Adv. Uttam Parmar present for plaintiff.
Plaintiff witness Sanjay Bhat present.
Defendant side called, but absent.
Exh.59- Evidence affidavit of PW3 Sanjay Dinkar Bhat.
Further examination in chief recorded.
Exh.60- Letter of appointment dt. 24.04.1995.
Exh.61- Engineer schedule dt.26.09.2016.
Exh.62- Minutes of meeting dt. 30.09.2016.
Defendant side called, but absent.
Suit adjourned for cross examination of Sanjay Bhat at the end of defendant.
Suit adjourned to 04.04.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Sanghi Motors (Bombay) Vs MCL Global Steel Pvt. Ltd
Adv. Uttam Parmar present for plaintiff.
Plaintiff witness no.3 Sanjay Bhat present for cross examination.
Defendant side called, but absent.
Roznama shows that defendant is continuously absent.
Today also defendant is absent. There is no application for adjournment.
Hence, Suit to proceed without cross examination of PW3 Sanjay Bhat.
Exh.63- Evidence closure pursis filed by plaintiff.
Defendant to lead evidence, if any, by next date. Else, put for necessary orders.
Suit adjourned to 10.04.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Sanghi Motors (Bombay) Pvt Ltd Vs MCL Global Steel
Plaintiff representative D C Prabhu present.
His counsel absent.
Defendant side called, but absent.
Perusal shows that defendant is continuously absent.
Defendant granted last opportunity to lead evidence, if any.
Else put for arguments.
Suit adjourned to 20.04.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Sanghi Motors Vs MCL Global
Adv. Uttam Parmar present for plaintiff.
Adv. Priyansh Jain present for defendant.
Perused roznama dt. 10.04.2024.
Despite said roznama no positive steps are taken by parties.
Suit is adjourned for final arguments.
Parties to file written arguments by next date.
Suit adjourned to 26.04.2024 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Sanghi Motors V/s MCL Gobal
Adv. Uttam Parmar and Mr. Raj Rampal present for plaintiff.
Adv. Vishal Dhasade present for defendant.
Exh 64 - Written submissions filed by plaintiff.
Exh.65 - Draft Notice of motion filed by
Exh.66- Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Parties to complete the pleadings and to supply the documents to each other. Parties shall argue the pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 07.05.2024 for NM reply.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Adv. Uttam Parmar and Adv. Raj Rampal present for plaintiff.
Adv. Vishal Dhasade present for defendant.
Registered Notice of Motion No. 1776 / 2024 filed by defendant.
Exh.67- Reply to Notice of Motion No. 1776 / 2024 filed by plaintiff.
Defendant is seeking oral adjournment to file rejoinder.
Suit adjourned to 03.07.2024 for filing NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Plaintiff representative D C Prabhu present.
His counsel absent.
Adv. Vishal Dhasade present for defendant.
Exh.68- Rejoinder filed by defendant.
Suit is kept back for arguments.
Later on at 16.57 Hrs.
Adv. Uttam Parmar present for plaintiff.
Plaintiff representative D C Prabhu present.
Adv. Vishal Dhasade present for defendant.
Heard both sides on Notice of Motion No. 1776 / 2024.
Perusal shows that, since June, 2023, defendant did not took steps to cross-examine plaintiff witness Uma Shankar.
On 13.06.2023, Plaintiff witness was present and defendant had sought oral adjournment. Said oral adjournment was allowed subject to cost of Rs.1,000/-. On 30.01.2024, plaintiff filed the pursis at Exh.58, stating that, the defendant has not complied, the order of the cost.
As defendant failed to conduct the cross-examination, the Court, vide Roznama Order dt.07.02.2024, directed the Suit to proceed without cross-examination of plaintiff Uma Shankar.
Thereafter plaintiff filed evidence affidavit of PW3 Sanjay Bhat and also closed the evidence. Subsequently he also filed Written arguments on 26.04.2024.
It is on 26.04.2024, defendant preferred the present Notice of Motion for recall of order dt. 07.02.2024.
Defendant has caused delay of almost one year in conducting cross-examination of witness Uma Shankar.
It is always in the interest of the parties that, they should be granted fullest opportunity to contest the suit. Else there is always a possibility of complexity and multiplicity.
Hence, Notice of Motion deserves to be allowed, but with cost.
In given facts and circumstances cost of Rs. 20,000/- would be just, legal and proper.
Out of said cost, Rs.10,000/- be paid to the plaintiff and Rs.10,000/- be paid to DLSA, Mumbai.
Accordingly, the Notice of Motion No. 101776 / 2024 is allowed.
Defendant to pay said costs by next date.
After the costs are complied, plaintiff should ensure presence of witnesses for cross-examination.
Suit adjourned to 06.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Adv. Uttam Parmar and Adv. Raj Rampal present for plaintiff.
Plaintiff No.2 Umshankar Singh present.
Plaintiff No.3 Sanjay Bhat present.
Adv. Priyansh Jain present for defendant.
Both lawyers are hotly contesting the dispute.
Hence, Suit is kept back.
Later on at 12.50 Hrs.
Adv. Uttam Parmar and Adv. Raj Rampal present for plaintiff.
Plaintiff No.2 Umshankar Singh present.
Plaintiff No.3 Sanjay Bhat present.
Adv. Priyansh Jain present for defendant.
Exh.69- Copy of Roznama with endorsment of the Office regarding payment of cost of Rs.10,000/- by defendant.
Exh.70- Vakilpatra of defendant.
Exh.71- Pursis filed by defendant with copy of payment of cost of Rs.10,000/- to DLSA, Mumbai.
It appears that, Order dt. 03.07.2024 (regarding payment of cost of Rs.10,000/- by defendant to plaintiff), is not complied by defendant. Defendant is just showing copies of email to the Court, without filing any pursis or application.
Now, plaintiff is seeking adjournment of one week so as to enable defendant to comply the Order dt. 03.07.2024.
Parties to take steps by next date.
Suit adjourned to 16.10.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Adv. Uttam Parmar present for plaintiff.
Plaintiff witness no.1 Sanjay Bhat present for cross-exmination.
Plaintiff witness no.2 Umashankar present.
Adv. Priyansh Jain present for defendant.
Exh.72- Pursis filed by defendant regarding compliance of cost to plaintiff.
Defendant is seeking oral adjournment to conduct cross-examination.
Not objected by plaintiff.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 25.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Adv. Uttam Parmar along with Adv. Raj Rampal present for plaintiff.
Plaintiff witness No.2 Umashankar Singhpresent.
Adv. Vatsal Gosalia along with Adv. Priyansh Jain present for defendant.
Cross-examination of plaintiff witness completed.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 20.12.2024 at 15.00 hrs for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Sanghi Motors (Bombay) Vs MCL Global Steel Pvt. Ltd
Adv. Raj Rampal present for plaintiff.
Defendant side called, but absent.
Suit is kept back at 15.00 Hrs.
Later on at 14.56 Hrs.
Adv. Uttam Parmar and Adv. Raj Rampal present for plaintiff.
Plaintiff witness no.3 Sanjay Bhat present.
Adv. Vatsal Gosaliya present for defendant.
Part Cross-examination of PW3 recorded.
On oral request of defendant cross-examination is adjourned.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 10.01.2025 at 15.00 Hrs for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Matter pertains to Court Room No.31
Adv. Raj Rampal present for plaintiff.
Later on at 15.04 Hrs.
Adv. Raj Rampal present for plaintiff.
Adv. Priyansh Jain And Adv. Vatsal Gosalia present for defendant.
By constent of both parties, Suit adjourned to 31.01.2025.
Suit adjourned to 31.01.2025 at 15.00 Hrs. for evidence.
I/c Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Adv. Raj Rampal present for plaintiff.
Defendant side called, but absent.
Suit is kept back at 15.00 Hrs.
Later on at 12.10 Hrs.
Adv. Raj Rampal present for plaintiff.
Adv. Vatsal Gosalia present through video conference for defendant.
Adv. Gosalia is seeking oral adjournment on the health ground of senior counsel.
Plaintiff submitted for suitable Orders.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 07.03.2025 at 15.00 Hrs. for evidence.
Judge
Sanghi Motors Vs MCL Global Steel Pvt. Ltd
Adv. Raj Rampal present for plaintiff.
Defendant side called, but absent.
Suit is kept back at 15.00 Hrs.
Later on at 12.10 Hrs.
Adv. Raj Rampal present for plaintiff.
Adv. Vatsal Gosalia present through video conference for defendant.
Adv. Gosalia is seeking oral adjournment on the health ground of senior counsel.
Plaintiff submitted for suitable Orders.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 07.03.2025 at 15.00 Hrs. for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: Adv. Uttam Parmar for plaintiff present.
Plaintiff /witness No.3 Sanjay Dinkar Bhat is present.
Adv. Vatsal Gosalia @ Adv. Priyansh Jain for defendant present.
Further cross examination of PW-03 is recorded and completed.
Matter stands Adj for evidence of the defendant on 29-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2025
Date: 29-03-2025
Business: Adv. Raj Rampal for plaintiff present.
Adv. Vatsal Gosalia for defendant present through VC.
On the oral request of the adv for the defendant through VC, matter stands Adj to 24-04-2025 for evidence of the defendant as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: Adv. Raj Rampal for plaintiff present.
Adv. Priyansh Jain for defendant present through VC.
Ld. advocate appearing for the defendant is seeking short adjournment for filing defendant’s evidence to which the Ld Advocate appearing for the plaintiff objected on the ground that on previous date matter was adjourned for defendant’s evidence by granting last chance. Considering the reason and already last chance was granted on previous date, the defendant failed to file its evidence. In the interest of justice, subject to costs of Rs.2,000/- payable to the plaintiff by next date.
Matter stands Adj for defendant’s evidence on 23-06-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Adv. Uttam Parmar a/w Adv. Raj Rampal for plaintiff present.
None for defendant.
Adv for the plaintiff submit that defendant has not paid costs of Rs.2,000/- which was ordered to be paid vide roznama dated 24.04.2025. So right of the defendant to offer evidence may be proceeded and matter may be proceeded further.
Kept back.
Later on at 2.52 pm
Adv.
Adv. Raj Rampal for plaintiff present.
Exh.73 Compliance pursis filed by advocate for the defendant.
Adv for the plaintiff received costs of Rs.2,000/- by cash.
Exh.74 Adjournment application filed by the defendant.
O. Other side to say.
Plaintiff filed reply.
Heard both parties.
O. On previous as well costs of Rs.2,000/- was imposed on defendant and from 29.03.2025 defendant has not tendered evidence. On 29.03.2025 itself, last chance was granted to the defendant to offer evidence. Considering the ground mentioned in the application and in the interest of justice this last opportunity is granted to the defendant to offer evidence subject to costs of Rs.3,000/- payable to the plaintiff. Payment of costs is condition precedent for filing of affidavit of evidence.
Matter stands Adj to 24-07-2025 for payment of costs and evidence.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Adv. Uttam Parmar for plaintiff present
Adv. S. D. Savekar for defendant present in court hall.
Adv. Priyansh Jain for defendant present through VC.
Yet defendant has not deposited costs which was imposed on previous date. Advocate for defendant submit that he will pay costs to plaintiff and will file pursis and evidence affidavit in second session. Hence, kept back. Later on at 03.10 pm
Adv. S. D. Savekar for defendant present.
Exh.75 Pursis filed by defendant. O. Seen.
Matter stands Adj to 29-09-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Representative of Plaintiff D. C. Prabhu present.
Adv. Uttam Parmar for plaintiff present.
Adv. Vatsal Gosaliya for defendant present through VC.
Exh.76 Say filed by plaintiff. In respect of documents filed by defendants.
Copy be served to the other side.
Since, 04.04.2024 Suit is posted for evidence of defendant. However, even after lapse of 15 dates defendant not tendered evidence affidavit on record. Hence, right of defendant to offer evidence is forefitted. Put up for final argument.
Matter stands Adj for Argument on 19.11.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Adv. Uttam Parmar a/w Adv. Raj Rampal for plaintiff present.
Kept back for argument.
Later on at 01.00 pm.
Adv. Uttam Parmar a/w Adv. Raj Rampal for plaintiff present
Adv. Shaman Satya i/b Priyansh Jain for defendant present.
Adv. for defendant filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy is served on plaintiff.
Matter stands Adj to 10-12-2025 for tendering registered NM/ reply by plaintiff on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Adv. Uttam Parmar a/w Adv. Raj Rampal for plaintiff present.
Representative of plaintiff Mr. Devidas Prabhu is present.
Adv. Vatsal Gosalia i/b Adv. Priyansh Jain for defendant present.
Advocate for defendant tendered the registered Notice of Motion No.6569/2025 along with affidavit in support. TOR
Exh.76 Reply filed by plaintiff on NM No.6569/2025.
Copy served on other side.
Matter stands Adj to 21-01-2026 for filing rejoinder by defendant with a direction that its copy shall be served on other side.
Next Purpose: REJOINDER
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: Adv. Uttam Parmar for plaintiff present
C. A. of plaintiff Mr. D. C. Prabhu is present.
Adv. Vatsal Gosalia i/b Priyansh Jain for defendant present through VC.
Advocate for plaintiff submit that defendant tendered registered Notice of Motion 6569/2025 and plaintiff filed reply on previous date. However, defendant has not filed rejoinder as per direction in the roznama dated 10.12.2025. Advocate for defendant submit that defendant will not filing any rejoinder and NM may be heard.
Kept back for argument on NM. Later on at 12.20 pm
Same appearance for plaintiff and defendant.
Heard both parties on Notice of Motion.
Order on Notice of Motion No.6569/2025
Defendant moved this notice of motion with a prayer to set aside /recall order dated 29.09.2025 by which right of defendant to offer evidence was forfeited and matter was posted for final argument. Notice of Motion is supported by an affidavit. Plaintiff filed reply affidavit vide Exh.76. I have heard both Ld. Advocates and gone to the record and proceeding. Its a suit of year 2021. On 07.03.2025 cross examination of PW-3 was completed and matter was posted for evidence of defendant on 29.03.2025. The then Presiding Officer specifically recorded in the roznama that as a last chance suit is posted for evidence of defendant.
Plaintiff objected said notice of motion on a ground of delay and authority of witness to offer evidence on behalf of defendant. Per contra, defendant contended that evidence affidavit DW-1 was already served on plaintiff but inadvertently it was not filed on record. Present is a suit wherein plaintiff is claiming for a decree of Rs.25,10,984/- Defendant not only filed written statement but conducted cross examination of all the witness examined by plaintiff. No doubt, there is some delay on the part of defendant in offering evidence but in the interest of justice and as a fair opportunity order dated 29.09.2025 needs to be recalled. Grounds are satisfactory. Therefore, following order is passed.
ORDER
1. Notice Motion No.6569/2025 is allowed on costs of Rs.10,000/- to be paid to plaintiff. .
2. Costs shall be paid within two weeks and defendant shall file a compliance pursis to that effect on record.
3. Defendant shall file evidence affidavit of its all witnesses on next date without fail and shall serve its copy on other side well in advance.
4. Notice of Motion No.6569/2025 disposed off and shall form part of Main suit.
Matter stands Adj to 18-02-2026 for compliance by defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: P. O. IS ON LEAVE
ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Adv. Uttam Parmar a/w Adv. Raj Rampal for plaintiff present.
Adv. Priyansh Jain for defendant present.
Exh.77 Compliance pursis filed by defendant. Costs Rs.10,000/- paid by defendant to plaintiff.
Exh.78 Adjournment application filed by defendant.
O-Other side to say. Reply filed by plaintiff overleaf.
O. Heard. As a last chance time is granted to defendant to file evidence affidavit. If it is not filed on next date right of defendant to offer evidence will be forfeited.
Matter stands Adj to 08-05-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2026
Date: 08-05-2026
Business: Advocate Uttam Parmar for plaintiff is present.
Advocate Shamant Satiya for defendant is present.
On last date last chance was granted to defendant to file evidence affidavit. However, today an attempt is made to place on record attested copy of evidence affidavit. In view of section 139 of CPC such a copy can not be taken on record. Defendant is directed to file appropriate affidavit on next date.
Matter stands Adj to 03.07.2026 for filing of evidence affidavit by defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2026
Date: 03-07-2026
Business: Adv. Raj Rampal a/w Adv. Uttam Parmar for plaintiff present.
Adv. Shamant Satiya for defendant present and filed evidence affidavit of Mr. Arvind Pujari and compilation of documents. TOR and marked as Exh.79 and Exh.80.
O- The oath is administered to the witness. The evidence affidavit is read and recorded and production allowed.
Copy of evidence affidavit and compilation of documents served to Adv. Rampal.
DW-1 Mr. Arvind Pujari is present through VC and his advocate filed no objection overleaf of compilation of documents.
The Advocate for plaintiff filed reply overleaf on the compilation of documents.
Order on marking of documents.
Perused the emails printouts and 65-B Certificate. Heard Adv. Satiya for defendant and Adv. Rampal for plaintiff. The defendant has filed 21 printouts of emails along with 65-B Certificate. The emails are exchanged between the plaintiff and defendant. It is supported by 65-B Certificate. As emails pertains to the dispute in hand, therefore, though objected by plaintiff, they are marked as Exh.81 Colly and the 65-B Certificate is marked as Exh.82.
Order- Adv. Rampal submitted that he will require at least 3-4 hours for cross examination of DW-1. In view of the said submission, it will not be possible for this Court to spare time, therefore, as indicated by both the advocates Court Commissioner can be appointed to conduct cross examination of DW-1. The panel of Advocates appointed by the District Court. Hence, Adv. Pravin G. Sawant is appointed as Court Commissioner to conduct the cross examination of DW-1 in Room No.1112 of 11th Floor. The date of cross examination is fixed on 23.07.2026 in consultation with both the advocates. The charges of Court Commissioner are Rs.5,000/- per hearing which is to be borne equally by both the sides. The Cell number of Adv. Pravin Sawant is 9820247788 and both the advocates are directed to contact Adv. Sawant and make and endeavour to conclude the cross examination on same day. The Court Commissioner is directed to file commission report at the earliest.
Matter stands Adj to 27-07-2026 at 02.45 pm for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: (NOB/TOB)
Both the advocates are present and requested to send the matter at Room No.1512, 15th Floor for cross examination.
O- Sheristedar of this Court to sent the matter at Room No.1512, 15th Floor for cross examination under custody of Board Clerk Mr. Rakesh Jadhav.
Matter already Adj to 27-07-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: Plaintiff No. 1 present.
Adv. Priyansh Jain for defendant present through VC.
Both the sides informed that part Cross Examination is completed before the court commissioner and next date is given on 14-08-2026.
O- Till the cross examination is completed, long date is granted and by that time, the court commissioner to complete the cross examination.
Matter stands Adj to 28-08-2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: (NOB/TOB)
Both the advocates are present along with Court Commissioner Adv. Sawant and requested to send the matter at Room No.1512, 15th Floor for cross examination.
O- Sheristedar of this Court to sent the matter at Room No.1512, 15th Floor for cross examination with Peon of this Court.
Matter already Adj to 28.08.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: (NOB/TOB)
Both the advocates are present along with Court Commissioner Adv. Sawant and requested to send the matter at Room No.1512, 15th Floor for cross examination.
O- Sheristedar of this Court to sent the matter at Room No.1512, 15th Floor for cross examination with Peon of this Court.
Matter already Adj to 28.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: Adv. Raj Rampal for plaintiff present.
Adv. Priyansh Jain for defendant present through VC.
Adv. Jain submitted that cross examination of witness of defendant before the Court Commissioner is completed and he will take a call to examine any witness by next date.
Matter stands Adj to 03-10-2026 for awaiting report of Court Commissioner/further evidence.
Later on at 12.10 pm
Adv. Manish Borade h/f Adv. P. G. Sawant (Court Commissioner) present and filed Court Commissioner Report. TOR and marked as Exh.83.
Adv. Manish Borade submitted copy of report are served to both sides through email.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2026