Date: 07-09-2019
Business: Adv. Vibhor Kapur for plaintiff is present.
Adv. S. S. Borkar for defendant is present and filed Vakalatnama. TOR and marked as Exh.2.
Adjourned to 10.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Vibhor Kapur i/b Rajani Associates for plaintiff is present.
Adv. Madhukar Dalvi for defendant is present.
At the request of advocate for defendant, adjourned to 22.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Kavita Brid-Chavan a/w Adv. Krutika Cheulkar i/b Rajani Associates for plaintiff is present.
Adv. Mohit Rao h/f Adv. Madhukar Dalvi for defendant is present.
Adjourned to 15.11.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Vibhor Kapoor i/b Rajani Associates for plaintiff present.
Adv. Sachin Gupta i/b Adv Madhukar Dalvi for defendant present.
Adv. for plaintiff files draft chamber summons for amendment in suit.
Leave is granted to register chamber summons.
Copy be served to other side.
Matter is adjd. to 11/12/2019 for reply to chamber summons.
Next Purpose: REPLY
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Vibhor Kapoor i/b Rajani Associates for plaintiff is present and tendered registered Chamber Summons No.2042/19 alongwith affidavit in support.
Adv. Mohit Rao i/b Adv. Madhukar Dalvi for respondent is present and filed Reply to Chamber Summons. TOR and marked as Exh.3.
Copy served to other side.
Adjourned to 07.01.2020 for Hearing on Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Ms.Kavita Brid Chavan i/b Rajani Associates for plaintiff is present.
Adv. Sachin Gupte h/f Adv. Madhukar Dalvi for respondent is present.
Heard both the sides on Chamber Summons.
Order on Chamber Summons No.2042/19
By the present Chamber Summons, the plaintiff seeks amendment of the plaint in the Clause Title, Synopsis, Index, Memorandum of Registered Address, List of Documents and Affidavit in support of plaint. Heard both the parties. Perused the application and reply. Suffice to say that initially the suit under Order 37 of CPC came to file as Summery Suit. Later on it was registered as Commercial Summary Suit. In view of the conversion in the category of the suit, present Chamber Summons came to be filed for deleting the word Order 37 of Code of Civil Procedure wherever it appears on the plaint and documents annexed with plaint and other consequential amendment. The defendant filed reply contending that the plaintiff was aware of the fact that suit should not have been filed under Order 37. The application made to delay trial hence sought rejection.
It is matter of record that the initially suit was filed under Order 37 of the Code, however department registered it as a Commercial Summery Suit being the Commercial Suit under the provisions of the Commercial Courts Act, 2015 the propose amendments are of formal in nature just.
No prejudice will be caused to the defendant, rather if the plaint is corrected, it will be convenient to the parties.
Hence this order.
ORDER
1 Chamber Summons No.2042/19 is allowed.
2. Plaintiff is allowed to carry out the amendment mentioned in schedule within one week.
3. Copy of amended plaint be served to other side.
Adjourned to 23.01.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: CORAM HIS HONOUR 2ND ADDITIONAL PRINCIPAL JUDGE, SHRI A. N. KARMARKAR (C.R. NO. 54)
(Matter pertains to C.R. No. 19)
Adv. Vibhor Kapoor i/b Rajani Associates for plaintiff present.
Adv. Sachin Gupte for defendant present. He files WS Exh. 4 and copy is served to other side.
Parties to file draft issues.
Adjd to 12.02.2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Vibhor Kapoor i/b Rajani Associates for plaintiff is present and seeks time to file draft issue.
Adv. Sachin Gupte for defendant is present.
By consent, adjourned to 20.02.2020 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Vibhor Kapoor for plaintiff is present.
Adv. Sachin Gupte i/b Adv. Madhukar Dalvi for defendant is present.
Both the advocates seeks time to file drat issue.
Adjourned to 05.03.2020 for Draft Issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Vibhor Kapoor for plaintiff is present and filed draft issue. TOR.
Adv. Sachin Gupte a/w Adv. Mohit Rao i/b Adv. Madhukar Dalvi for defendant present and filed draft issue. TOR.
Copy served to other sides.
Adjourned to 16.03.2020 for framing of Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present for plaintiff.
Advocate for defendant is present.
Adjourned for framing issues to 26.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for framing issues to 6/11/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for hearing on Case Management on 08.12.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for case management hearing to 21.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Krutika Chehulkar for plaintiff present.
Adv. Madhukar Dalvi for defendant is present.
Exh. 5 - affidavit of defendant in support of WS.
Exh. 6 - List of documents submitted by deft.
Copy served to plaintiff.
Draft issues submitted by both sides are already on record.
Exh. 7 - Issues are framed.
Matter is adjd.to 25-02-2021 for R/E and
case management.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Ms. Shrutika Chehulkar for plaintiff, prayed for adjd. as plff is intending to file petition for amendment .
Adv. Mr. Sachin Gupte h/f adv. Dalvi for deft., strongly objected for adjd.
Plff to note issues are framed on last date, submit the evidence positively on next date.
Matter is adjd.to 05.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Mr. Giriraj a/w adv. Ms. Kavita Brid-Chavan for plaintiff, submitted draft Ch/s- Leave is granted to registration, copy supplied to deft.
Adv. Mr. Sachin Gupte h/f Adv. Dalavi for deft., submits that suit is not tenable in present, he will file NM to reject the plaint.
Matter is adjd.to 15.03.2021 for ch/s reply and hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Mr. Giriraj for plaintiff, submitted registered Ch/s no. 488/21.
Adv. Mr. Dalvi for defendant, submitted reply on Ch/s no. 488/21, copy served to plff.
Adv. Dalvi for deft, prayed for adjd.
Matter is adjd.to 07.04.2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Mr. Giriraj for plaintiff, prayed for adjmnt.
Adv. Mr. Bhojwani i/d Adv. Dalvi for defendant.
Matter is adjd.to 23.04.2021 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Adv. Ms. Krutika Cheulkar for plaintiff, submitted affidavit of service of ch/s.
Adv. Mr. Gupte for defendant, prayed for time to file reply on Exh.8.
Exh.8- Application under order 30 rule-1 submitted by plff., copy served to other side.
At the request of both side, matter is fixed on 03.05.2021.
Matter is adjd.to 03.05.2021 for ch/s hearing, reply on
Exh.8.
Next Purpose: C/S HEARING
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: None for plaintiff and defendant.
Adv. Mr. Sachin Gupte a/w Adv. Ms. Yogini for deft.,
submits that plff. is intentional prolonging in the matter.
Exh.9- Reply on Exh.8 submitted by deft.
Exh.10- Application for perjury submitted by deft.- Other
side to submit reply. Adv. Mr. Gupte undertake to supply
copy of Exh.9 and 10 plff. by E-mail.
Matter is adjd.to 21.06.2021 for ch/s hearing, hearing
on Exh.8 and reply on Exh.10.
Next Purpose: C/S HEARING
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Adv. Giriraj for plaintiff present.
Adv. S. Bhojwani for defendant present.
Heard argument of both sides on Exh. 8.
Matter is adjd.to 23-06-2021 for Order on Exh. 8 and
Reply on Exh. 10.
Next Purpose: ORDER
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Adv. Mr. Giriraj for Plff.
Adv. Ms. Yogini Ubale for Deft.
K.B.
L.O. at 1.45 p.m.
F.R.S.R. following order is passed below Exh.8.
ORDER
1. Application (Exh.8) is allowed.
2. The defendant is directed to disclose details of all the partners of the defendant partnership firm including their addresses who were partners at the time of accrual of the cause of action within one month from the date of this order.
3. Application (Exh.8) is disposed off accordingly.
Matter is adjd.to 16.07.2021 for reply on Exh.10 and n/m hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Adv. Yashri Panchal for Plaintiff present and file reply
None for Defendant
Matter is adjd.to 02-08-2021 for Argument on Exh. 10 and NM
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Giriraj for plaintiff present.
Adv. Rohini Ubale for defendant present and filed affidavit in support of perjury application.
Reply to Exh. 10 is already filed on 16-07-2021 and it is marked as Exh. 10A.
Adjd to 12-08-2021 for argument on Exh. 10 and NM at 12.30 pm.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. S. Bhojwani for defendant present.
Matter is adjd.to 23-08-2021 for C/S Argument 2.45 PM
LO 1.00 PM
Adv. Giriraj for plaintiff present.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Giriraj for plaintiff present.
Adv. S. Bhojwani for defendant present.
Heard argument of both sides
Matter is adjd.to 01-09-2021 for order 2.45pm
Next Purpose: ORDER
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Giriraj for plaintiff present.
Adv. Yogini Ubale for defendant present.
Order passed below Exh. 10 -
F.R.S.R. Following order is passed -
1. Application (Exh. 10) is rejected.
2. Application (Exh. 10) is disposed off accordingly.
Matter is adjd.to 15-09-2021 for C/S Hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv S. Bhojwani for the defendant present.
None for the plaintiff.
LO
Adv Giriraj for plaintiff present and tendered c/s for amendment of the plaint with supporting t.o.r. leave is granted to register c/s.
He filed application for withdrawal C/s no. 488/21 t.o.r. and marked as Exh.11
Matter is adjd. to 30.09.2021 for C/S Hearing and for filing
register c/s and reply on Exh. 11 at 2.45 p.m.
Next Purpose: C/S HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Yashmi Panchal for plaintiff present and filed registered C/S No. 1081/21 with supporting affidavit and documents t.o.r..
She also filed affidavit of service of C/S t.o.r. and marked as Exh. 12
Adv. Yogini Ubale for defendant present.
Adv. Yogini Ubale has given say on Exh. 11 stating that it is absolute right of the plaintiff and any just and necessary order may kindly be passed. Heard both sides on Application Exh. 11. Considering, presentation of C/S No. 1081/21 for similar relief and grounds stated in the application for withdrawal of C/S No. 488/21, application Exh. 11 is allowed. C/S No. 488/21 is disposed off as withdrawn by the plaintiff.
Matter is adjd.to 20-10-2021 for C/S Reply (11.00 am)
Next Purpose: C/S REPLY
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None for plaintiff.
Adv. Yogini Ubale for defendant present and she filed reply on C/S No. 1081/21.
Matter is adjd.to 26-10-2021 for C/S Hrg.
LO
Adv. Giriraj for plaintiff present.
Next Purpose: C/S HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None for plaintiff.
Adv. Yogini Ubale for defendant present and filed affidavit in support of reply filed on 20-10-2021. t.o.r.
LO
Adv. Arvind Giriraj for plaintiff present.
Adv. S. Bhojwani for defendant present.
Heard both sides in C/S No. 1081/21.
Matter is adjd.to 08-11-2021 for C/S Order. (4.00pm)
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: None for plaintiff.
Adv. Yogini Ubale for defendant present.
F.R.S.R. following order is passed in Ch/s No. 1081/21 -
ORDER
1. Chamber Summons no. 1081/2021 is made absolute in terms of prayer clause (a).
2. The plaintiff is directed to carry out amendment in the plaint on or before the next date of hearing.
3. Proceedings of Ch/s No. 1081/21 is closed.
Matter is adjd.to 01-12-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Arvind Giriraj for plaintiff present and filed amended copy of the plaint on record.
Adv. Yogini Ubale for defendant present.
Matter is adjd.to 05-01-2022 for filing affidavit of
admission/ denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Anjali for plaintiff present.
Adv. Yogini Ubale for defendant present.
Matter is adjd.to 19-01-2022 for admission /denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. Giriraj for plaintiff present.
None for defendant.
Matter is adjd.to 09-02-2022 for Admission and Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Arvind Giriraj for plaintiff present.
Adv. Yogini Ubale for defendant present and tendered draft C/S with supporting affidavit t.o.r.
O- Learned Counsel to state about legal provision as per which additional written is filed.
Matter is adjd.to 05-03-2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Arvind Giriraj for plaintiff present.
Adv. Yogini Ubale i/b A for defendant present and filed adjournment application t.o.r. and marked as Exh.13 - adjournment granted as a last chance.
Matter is adjd.to 30-03-2022 for Hrg on draft C/S.
Next Purpose: HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Arvind Giriraj a/w Adv. Anjali Dhoot for plaintiff present.
Adv. Prem Pandey for defendants no. 1 to 3 present and filed vakalatnama for deft. no. 1 and 2 t.o.r. and marked as Exh.14
He sought time for filing vakalatnama for deft. no. 3 - granted.
Matter is adjd.to 13-04-2022 for hrg on draft C/S.
Next Purpose: HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Arvind Giriraj a/w Anjali Dhoot for plaintiff present.
Adv. Sanjay Bhojwani a/w Adv. Yogini Ubale for defendant present and filed additional written statement t.o.r.
Leave is granted to register draft C/S placed on record on 09-02-2022.
Exhibition of additional written statement shall be subject to decision in C/S.
Adv. Arvind Giriraj for plaintiff received copy of additional written statement.
Matter is adjd.to 27-04-2022 for filing registered C/S and
reply (2.45pm)
Next Purpose: REPLY
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Arvind Giriraj a/w Adv. Anjali Dhoot for plaintiff present.
Adv. Prem Pandey a/w Adv. Yogini Ubale for defendant present and filed original registered C/S No. 583/22 with supporting affidavit t.o.r.
Adv. Arvind Giriraj for plaintiff has given reply at the back side of C/S No. 583/22.
Heard Adv. Arvind Giriraj for plaintiff.
On request of Adv. Prem Pandey, matter is adjourned to 04-05-2022.
Matter is adjd.to 04-05-2022 for C/S Hrg. (Deft)
(12.00 noon)
Next Purpose: C/S HEARING
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Arvind Giriraj a/w Adv. Anjali Dhoot i/b Rajani Associates for plaintiff present.
Adv. S. Bhojwani a/w Yogini Ubale for defendant no.1 to 3 present.
F.R.S.R. following order is passed in Chamber Summons No.583 of 2022 ORDER
1. Chamber Summons No.583/2022 is dismissed with cost of Rs.5,000/- payable to the plaintiff or his advocate.
2. Additional written statement filed by defendant No.2 and 3 shall be treated as their written statement on payment of cost to the plaintiff or his advocate.
3. Defendants no.2 and 3 are directed to file statement of truth in support of their written statement on or before the next date of hearing.
4. Proceeding of Ch/s. No.583/2022 is closed.
Matter is adjd.to 04-07-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Giriraj along with adv. Anjali Dhoot for plaintiff present.
Adv. for plaintiff stated that plaintiff received cost of Rs. 5000 in compliance of order dt.04.05.2022. In view of this additional Written statement filed by adv. for deft No. 2 and 3.
Adv. Prem Pandey and adv. Khushboo Pathak i/b Yogini Ubale for defendant no. 1 to 3 present.
Exh-15 Adv. for defendant tendered statement of truth. O- Read and recorded.
Written statement of deft No. 2 and 3 filed by adv. for defendant is taken on record and marked as Exh. 16
Adjd for admission denial to 12/08/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None present when called.
Both parties are directed to file admission denial on next date.
Adjd for admission denial to 02/11/2022
L. O at 11.30 am
Adv. Shette and adv. Yogini Ubale h/f Adv. Prem kumar Pandey for deft No. 1 and 2 present.
Adv. Giriraj for plaintiff present.
By consent of both advocates, matter is adjd to 14/11/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Saurish Shetye and adv. Yogini Ubale h/f Adv. Prem Kumar Pandey for defendant present and submitted that on next date they will file admission denial.
Adv. Giriraj for plaintiff present.
Adjd for admission denial to 06/12/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Giriraj for plaintiff present.
Adv. Saurish Shetye for defendant present.
Exh.17- Admission /denial filed by advocate for defendant. Copy served to the plaintiff.
Case is adjd. for filing admission /denial by the plaintiff.
Case is adjd. for filing admission /denial by the plaintiff to 25.01.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Plaintiff is absent.
The partner of defendant is present.
Adv. Giri Raj i/b Rajani associates for plaintiff is present. He filed admission denial t.o.r. marked as Exh.18 O- R and R. Copy be served to the defendants.
Adv. Khushbu Pathak i/b Adv. Prem Pandey for defendant nos. 1 and 2 is present.
Case is adjourned for issues to 22-02-2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv Kiriraj i/b Rajani associates for plaintiff is present.
None for defendant.
Exh.19 - Ld adv for plaintiff filed affidavit in support of statement of admission denial t.o.r. O- Filed.
Case is adjourned for issues to 04-03-2023.
L.O. at 11.17 am
Adv. Ajesh h/f Adv. Prem Pandey for defendant nos. 1 and 2 is present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Giriraj for plaintiff is present.
None for defendant.
I have gone through the additional WS filed by the defendant at Exh.16. The issues were already framed at Exh.07. The defendant has not raised any new defence in his additional WS. Therefore, there is no need to frame additional issues. Matter to proceed further.
Case is adjourned for case management hearing to 17-04-2023.
L.O. at 11.43 am
Adv. Saurish Shetye i/b Adv. Prem Pandey for defendants is present and tendered certificate under section 65(B) t.o.r., marked as Exh.20
Case is already adjourned for case management hearing to 17-04-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Giri Raj for plaintiff is present.
Adv. Saurish Shetye a/w Prem Pandey for defendant is present.
Heard both sides on case management hearing.
Exh.21 - Case management order at Exh.21.
1. Filing list of witnesses - on or before 09/06/2023
2. Examination-in-chief of plaintiff with original documents - on or before 17/06/2023.
3. Marking of documents - on or before 23/06/2023.
4. Cross examination of plaintiff - on or before 30/06/2023.
5. Evidence of witness of plaintiff – on or before 07/07/2023.
6. Evidence of defendant - on or before 15/07/2023.
7. Cross examination of defendant – on or before 21/07/2023
8. Evidence of witness of defendant – on or before 28/07/2023
9. Written argument of both sides – on or before 05/08/2023
10. Oral argument – on or before 11/08/2023
Case is adjourned for list of witnesses to 09-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Executive Trading Company Pvt.Ltd.Vs Maruti Steel Fab
Adv. Arvind Giriraj present for plaintiff.
Exh.22- List of witness of plaintiff.
Adv. Saurabh Shelke present for defendant.
Exh23.- List of witness of defendant.
On oral request of both counsel matter adjourned to 19.06.2023..
Matter adjourned to 19.06.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Executive Trading Company Pvt. Ltd. Vs Maruti Steel Fab
Adv. Arvind Giriraj present with witness Pankaj Surekha.
Plaintiff is seeking oral adjournment.
Adv. Souresh Shethe present for defendant.
He submitted that he want to file Chamber Summons.
Matter adjourned to 03.07.2023 for Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Executive Trading Company Pvt. Ltd. Vs Maruti Steel Fab
Adv. Anjali Dhoot present for plaintiff.
Adv. Sourish Shethe present for defendant.
Exh.24- Draft Chamber Summons filed by defendant .Leave is granted to register it.
Exh.25- Affidavit in support of Chamber Summons.
Matter adjourned to 03.08.2023 for Chamber Summons reply/ evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Executive Trading Company Pvt. Ltd. vs. Maruti Steel Fab.
None present for plaintiff.
Adv. Saurish Shetye present for defendant.
Exh.24: Chamber Summons No.1227/2023 filed by defendant.
Matter adjourned to 25.09.2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mansi Shah present for plaintiff.
Adv. Balkrishna Pandey present with defendant Gagan Jodhsingh.
As Court is on leave, matter adjourned.
Matter adjourned by consent to 03.11.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Executive Trading V/s Maruti Steel Fab
Adv. Anjali Dhut present for plaintiff.
Adv. Khushbu Pathak present for defendant.
Defendant is seeking oral adjournment.
Case adjourned to 13.12.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Executive Trading V/s Maruti Fab
Adv. Anjali Dhoot present for plaintiff.
Adv. Saurish Shetye present for defendant.
Heard both sides on Chamber Summons No. 1227/2023 -
Through this Chamber Summons, defendants want to carry out amendment in Written Statement regarding Memorandum of Understanding (hereinafter, MOU) Dt. 19.09.2016.
Plaintiff has submitted overleaf that, they do not wish to file reply.
Perusal shows that, MOU which defendants want to bring on record by way of amendment, is already pleaded in the Written Statement. However, its date is not mentioned and its copy is not annexed.
Defendants argued that, copy of MOU was missing and hence, they could not file it on record.
Plaintiff opposed amendment on ground that, defendant intends to delay the Suit. Hence, Chamber Summons be rejected.
As the MOU which is to be brought on record by defendant, is already pleaded in the Written Statement then in that circumstances, amendment can be allowed.
However, it needs consideration that, Suit is filed on 05.07.2019, defendant has filed Written Statement on 23.01.2020 and it is thereafter on 03.08.2023, defendant has preferred present Chamber Summons seeking amendment. Considering this delay and absence of reply from plaintiff, Chamber Summons is allowed, but with cost of Rs. 3,000/-. Hence, following Order is passed
ORDER
1. Chamber Summons No. 101227 / 2023 is allowed, subject to cost of Rs. 3,000/- (Rs. Three Thousand Only) to be paid by defendant to plaintiff.
2. Defendant shall pay the cost and shall carry out amendment by next date, without fail.
Case adjourned to 08.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Not on board taken on todays board.
Regualr Date is 08.01.2024.
Exh.26- Application filed by plaintiff for taking the Suit on todays board.
Order - Allowed.
Adv. Pawan Pandey present for defendant.
Exh.27- Application filed by defendant for amendment as per Order dt. 13.12.2023.
Order - allowed.
Case is already adjourned to 08.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Executive Trading V/s Maruti steel fab.
Adv. Anjali Dhoot present for plaintiff.
Adv. Pawan Pandey present for defendant.
Plaintiff to take steps regarding evidence.
Suit is of 2019, parties to expedite.
Case adjourned to 16.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Adv. Ms. Anjali Dhoot present for plaintiff.
Adv. Ms. Sneha Mishra present for defendant Nos.1& 2.
Defendant Ganganjot Singh present.
Perusal shows that, the Suit is filed on 08.08.2019 and issues are framed on 21.01.2021. Hence, parties to take appropriate steps regarding evidence.
Parties are directed to supply evidence affidavits to each other well in advance and to expedite the trial.
Case adjourned to 08.02.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: Executive Trading V/s Maruti Steel Fab
Adv. Arvind Giriraj present with plaintiff Pankaj.
Defendant No.1. called, but absent.
Adv. Sneha Mishra present for defendant No.1 and 2.
Exh.28 - Evidence affidavit of Pankaj Sureka.
Exh.29 - List of documents filed by plaintiff.
Later on at 13.09 Hrs.
Adv. Arvind Giriraj and Adv. Anjali Dhoot present with plaintiff witness Pankaj Sureka.
All defendants called, but absent.
Exh.30
Certified copy of Board Resolution,
Dt.01.03.2021.
Exh.31
Tax Invoice No. SE16Y-001176,
Dt. 12.05.2016.
Exh.32
Mill Test Certificate, Dt.12.05.2016.
Exh.33
Tax Invoice No. COM/00012/2016-17,
Dt. 12.02.2016.
Exh.34
Original Challan receipt No.228,
Dt. 12.05.2016.
Exh.35
Original Challan receipt No.229,
Dt. 12.05.2016.
Exh.36
Office copy of Notice under Order 12, Rule8
Dt. 04.03.2021.
Exh.37
Legal Notice Dt. 02.03.20217.
Article A
Photocopy of relevant Extract Audit Report.
In the interest of justice cross-examination is adjourned.
Suit adjourned to 05.03.2024 for cross-examination.
Later on at 13.54 Hrs.
Adv. Pavan Pandey and Adv. Sneha Mishra present for
defendant No.1 and 2.
Exh. 38 - Evidence affidavit of Deepak Bathija.
Exh. 39 - List of documents filed by Deepak Bathija.
Exh. 40 - Evidence affidavit of Gagnjot Singh.
Exh. 41 - List of documents filed by Gagnjot Singh.
Plaintiff side called, but absent.
Suit adjourned to 05.03.2024 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Executive Trading V/s Maruti Steel Fab
Adv. Arvind Giriraj present for plaintiff.
Plaintiff witness Pankaj Surekha present.
Adv. Sneha Mishra present for defendant No.2 and 3.
Exh.42 - Adjournment application filed by defendant stating that, there is medical emergency with defence lawyer\''s mother.
Objected by plaintiff.
Considering, the reason stated in above application, application at Exh.42 is allowed for today.
Suit adjourned to 04.04.2024 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Executive Trading Company Pvt. Ltd. Vs Maruti Steel Fab
Adv. Arvind Giriraj present for plaintiff.
Plaintiff witness Pankaj Surekha present.
Adv. Saurish Shette present for defendant.
Defendant is seeking oral adjournment.
Not objected by plaintiff.
Suit adjourned to 13.06.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Executive Trading company V/s Maruti Steel Fab and 2 ors.
Adv. Arvind Giriraj present for plaintiff.
Plaintiff witness Pankaj Surekha present.
Adv. Siddharth Desai present for defendant.
Exh.43 - Application filed by defendant for filing additional advocate on record.
Exh.44 - Vakilptara of additional Adv. Siddharth Desai.
Exh.45 - Application filed by defendant for rejection of plaint.
Exh.46 - Application filed by defendant for discarding evidence of plaintiff.
Plaintiff to file reply to the pending applications.
Suit adjourned to 27.06.2024 for reply.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Executive Trading Vs Maruti Steel Fab and 2 Ors.
Adv. Anjali Dhoot present for plaintiff.
Adv. Siddharth Desai present for defendant.
Exh.47- reply to Exh.45.
Exh.48- reply to Exh.46.
Parties to file written arguments, if any, on the pending applications, by next date.
Suit adjourned to 02.07.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Executive Trading Vs Maruti Steel Fab
Plaintiff side called, but absent.
Defendant representative Gaganjot Singh present.
His Counsel absent.
Exh.49 - Written arguments of defendant on Exh.45.
Exh.50 - Written arguments of defendant on Exh.46.
Plaintiff to take steps, else put for necessary order.
Suit adjourned to 06.08.2024 for written arguments of plaintiff.
Later on at 12.28 Hrs.
Adv. Anjali Dhoot present for plaintiff.
Suit adjourned to 06.08.2024 for written arguments of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Executive Trading CompanyVs Maruti Steel Fab
Adv. Arvind Giriraj present for plaintiff.
Defendant representative Gaganjyot Singh present.
His counsel absent.
Exh.51- Written arguments of plaintiff on Exh.45.
Exh.52- Written arguments of plaintiff on Exh.46.
Application at Exh.45 and Exh.46 are kept for oral arguments, if any.
Suit adjourned to 26.09.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Executive Trading Vs Maruti Steel Fab and 2 Ors.
Adv. Arvind Giriraj present for plaintiff.
Defendant representative Gaganjyot Singh present.
His counsel absent.
Both submitted that, their Written arguments be considered as oral arguments on both pending applications.
Accordingly, pending application at Exh.45 and Exh.46 are taken for Orders.
Through application at Exh.45, defendant prayed for Rejection of Plaint under Order 7 Rule 11 on following ground-
-Suit is imaginary.
-There is not agreement or contract between parties.
-Suit lacks cause of action.
-Plaintiff has not filed purchase Orders.
-Defendant had received material from M/s. Topworth and Tubes Pvt. Ltd., Pune.
-Suit is bad for non joinder of Topworth and Tubes.
-Defendant had not received legal notice.
-Transaction is not of Commercial Nature.
Through application at Exh.46, defendant prayed for discarding the evidence affidavit of witnesses of plaintiff on following grounds-
-Plaintiff has introduced entirely new facts in evidence affidavit.
-Those facts were not pleaded in plaint.
-Thereby plaintiff is deposing beyond pleadings.
Plaintiff, through Reply at Exh.47 and Exh.48 has opposed both application at Exh.45 and Exh.46.
Perusal shows that, on 21.01.2021, my Ld. Predececure already framed issues regarding, privity of contract, non joinder of parties, supply of goods, etc. Therafter plaintiff has filed evidence affidavit of witness - PW1 Pankaj Surekha (Exh.28). Thereby, Suit is pending for cross-examination of PW1 Pankaj at the hands of defendant.
As issues are already framed, then, in given facts and circustances, deciding the controversy, merely on face of application and without giving an opportunity to plaintiff to lead evidence, would be improper.
All the objections which are raised by defendant, through aforesaid applications at Exh.45 and Exh.46, can be raised by defendant, during cross-examination of plaintiff witness. It is only thereafter, controversy could be adjudicated on merit. Considering aforesaid right available with defendant, application are disposed off by following Order-
ORDER
1. Application at Exh.45 is rejected.
2. Application at Exh.46 is rejected.
Suit is of 2019. Parties to expedite.
Suit adjourned to 08.10.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: Executive Trading Company Pvt Vs Prem Pandey
Adv. Arvind Giriraj present for plaintiff.
Defendant representative Gaganjyot Singh present.
Exh.53- Adjournment application filed by defendant
Plaintiff submitted for suitable Order.
Parties to take appropriate steps.
Suit adjourned to 21.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Executive Trading Vs Maruti Steel Fab and 2 Ors.
Adv. Arvind Giriraj present for plaintiff.
Plaintiff witness Pankaj Sureka present.
Defendant Gaganjyot Singh present.
His counsel absent.
On oral request of defendant, Suit is kept back.
Later on at 12.34 Hrs.
Adv. S Bhojwani present for defendant.
Later on at 13.08 Hrs.
Adv. Arvind Giriraj present for plaintiff.
Plaintiff witness Pankaj Sureka present.
Adv. S Bhojwani present for defendant.
Defendant Gaganjyot Singh present.
Cross examination of plaintiff witness recorded.
Cross examination of plaintiff is adjourned as first half of Court is over.
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 09.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Executive Trading Company Vs Maruti Steel Fab
Adv. Arvind Giriraj and Adv. Anjali Dhoot present for plaintiff.
Plaintiff witness no.1 Pankaj Surekha present.
Adv. Sanjay Bhojwani present for defendant.
Suit is kept back for recording of evidence.
Later on at 12.38 Hrs.
Adv. Arvind Giriraj and Adv. Anjali Dhoot present for plaintiff.
Plaintiff witness no.1 Pankaj Surekha present.
Adv. Sanjay Bhojwani present for defendant.
Cross-examination PW1 recorded and concluded.
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 30.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Matter pertains to Court Room No.31.
Adv. Arvind Giriraj present for plaintiff.
Defendant Gaganjot Singh present.
Suit adjourned to 27.02.2025 for evidence.
I/c Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Adv. Anjali Dhoot for plaintiff present.
Defendant in person present.
Exh.54 Application for adjournment filed by the defendant.
O. Other side to say.
Say given by Ld advocate for plaintiff on overleaf of application.
O. Allowed.
Matter stands Adj for recording evidence on 21-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: Adv. Anjali Dhoot for plaintiff present.
Adv. Bhojwani for defendant present through VC.
KB, Later on at 03.32 pm
Adv. Anjali Dhoot for plaintiff present.
PW-2 Rakesh Sharma is present.
O. Oath administered.
Adv. Bhojwani for defendant present through VC.
Defendant Gaganjyot Singh is present.
Exh.55 List of documents filed by the plaintiff for PW-2
O. Seen.
Exh.56 Affidavit in lieu of examination in chief of PW-2 filed by the plaintiff.
O. Seen.
Copy served to defendant.
Exh.57
:
Authority Letter
Exh.58
:
Photocopy of relevant extracts of Audit Report in FORM 704 under the MVAT (The documents is marked for identification purpose and plaintiff to prove the documents in accordance with law).
Exh.59
A reminder notice dated January 14, 2025 to produce sent to the defendants under Order 12 Rule 8 of the Code of Civil Procedure 1908, to admit Form No.704
Matter stands Adj for cross examination of PW-2 on 08-05-2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Adv. Arvind Giriraj a/w Adv. Yash Singh a/w Adv. Anjali Dhoot for plaintiff present.
Adv. Pravin Ambalkar for defendant present.
As the Court is busy in dictating order and other administrative work, hence, board is discharged and by consent matter stands Adj to 03-07-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: Adv. Arvind Giriraj for plaintiff present through VC.
Adv. Anjali Dhoot for plaintiff present in court hall.
Plaintiff witness PW-2 Rakesh Sharma is present.
Adv. Sanjay Bhojwani for defendant present through VC.
Adv. Naresh Parihar for defendant present in court hall.
Cross examination of PW-02 is recorded and completed.
Exh.55 Evidence closing pursis filed by the plaintiff.
O. Seen.
Matter stands Adj to 07-08-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Adv. Yash Singh for plaintiff present.
Adv. Sanjay Bhojwani for defendant present.
Plaintiff witness Deepak Bathija present.
Kept back. Later on at 01.55 pm
Adv. Arvind Giriraj for plaintiff present.
Adv. Sanjay Bhojwani a/w Adv. Naresh Parihar for defendants present.
Defendant witness Deepak Bathija present.
O. Oath administered.
Exh.60
:
Tax Invoice dt. 12.05.2016
Exh.61
:
Original Weight Slip No.228
Exh.62
Original Weight Slip No.229
Exh.63
Original Transport slip dt. 12.05.2016.
Exh.64
Original Weight Slip dt. 3096
Exh.65
Email dt 10.06.2016 (Exhibited on the strength of Certificate u/s 65-B of Indian Evidence Act Exh.20)
Exh.66
Original Memorandum of Understanding dt. 19.09.2016 (Signature of this witness along with his name is there on this document)
Exh.67
Office copy of letter 21.10.2016
Exh.68
Bank Statement for a period 01.10.2016 to 31.10.2016.
Exh.69
Invoice dt 12.05.2016.
Matter stands Adj to 09-10-2025 for cross examination of DW-1
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025
Date: 09-10-2025
Business: Adv. Arvind Giriraj for plaintiff present.
Adv. Sanjay Bhojwani for defendant present through VC.
Kept back for cross-examination of DW1.
Later on at 3.45 pm.
Adv. Arvind Giriraj for plaintiff present.
Adv. Sanjay Bhojwani (through VC) with Adv. Naresh Parihar for defendant present.
DW-1 Deepak Bhatija is present and resumed on SA.
Cross-examination of DW-1 is partly recorded and deferred till next date.
Matter stands Adj for cross-examination of DW-1 to 04.12.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: Adv. Arvind Giriraj for plaintiff is present through VC.
Adv. Sanjay Bhojwani for defendant is present through VC.
DW-1 Deepak Bhatija is present.
Defendant No.2 is present.
Kept back.
Later on at 01.45 p.m.
Adv. Arvind Giriraj for plaintiff is present through VC.
Adv. Sanjay Bhojwani for defendant is present through VC.
DW-1 Deepak Bhatija is present.
Cross-examination of DW1 is partly recorded before recess.
Later on at 3.00 pm.
Same appearance for plaintiff and defendant.
DW-1 Deepak Bhatija is present. Cross-examination of DW-1 is partly recorded and deferred till next date.
Matter stands Adj to 15/01/2026 for cross-examination of DW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: As per Office Circular No.14 of 2026 dated 12.01.2026, 15th January 2026 is declared as Public Holiday on account of Election of Bombay Municipal Corporation.
Matter stands Adj to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Adv. Yash Singh for plaintiff present.
Adv. Sanjay Bhojwani for defendant present through VC.
DW-1 Deepak Bhatija is present.
Kept back for remaining cross examination of DW-1.
Later on at 01.00 pm
Adv. Arvind Giriraj for plaintiff present through VC.
Adv. Anjali Dhoot i/b Adv. Rajani Associates for plaintiff present.
Adv. Yash Singh for plaintiff present in Court hall.
Same appearance for defendant on VC.
Cross-examination of DW-1 is recorded and completed.
As per roznama dated 08.02.2024 defendant already filed evidence affidavit of DW-2 Mr. Gaganjyot Singh and compilation of document vide Exh.40 and 41.
Matter stands Adj to 10-03-2026 for further examination in chief and marking of documents on the basis of DW-2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: Adv. Yash Singh for plaintiff present in Court hall.
Adv. Arvind Giriraj for plaintiff present through VC.
Adv. Sanjay Bhojwani for defendant present through VC.
DW-2 Gagnjot Siingh is present.
Kept back for marking of documents.
Later on at 01.35 pm
Adv. Shivangi Goel i/b Rajani Associates for plaintiff present in Court hall.
Adv. Arvind Giriraj for plaintiff present through VC.
Adv. Naresh Parihar for defendant present in Court hall.
DW-2 Gagnjot Siingh is present.
O. Oath administered to DW-2.
Exh.70 Admission and denial filed by plaintiff.
Exh.71 Certificate u/s 65-B of Indian Evidence Act filed by defendant No.2.
Exh.72
:
Email dt 28.06.2016 along with postal receipt (plaintiff denied said document on a ground that plaintiff is not concern with the party to whom said email was sent. On the strength of Certificate Exh.71 document is marked with exhibit number for identification).
Exh.73
:
Print out of email dt 01.07.2016 along with two postal receipts.
Further examination in chief of DW-1 is recorded and completed.
Cross examination of DW-2 is partly recorded.
Matter stands Adj to 01-04-2026 for remaining cross examination of DW-2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2026
Date: 01-04-2026
Business: Adv. Yash Singh for plaintiff present.
DW-2 Gagnjot Siingh is present.
Adv. S. Bhojwani for defendants present through VC.
Kept back for cross examination of DW-2.
Later on at 01.20 pm.
Adv. Arvind Giriraj for plaintiff present through VC.
Adv. Anjali Dhoot, Adv. Yash Singh i/b Rajani Associates for plaintiff present in Court hall.
Adv. Deependra Tupe for defendants present in Court hall.
Adv. S. Bhojwani for defendants present through VC.
Cross examination of DW-2 is recorded and completed.
Exh.74 Evidence Closure pursis filed by defendants.
Matter stands Adj to 24-04-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: Adv. Arvind Giriraj a/w Adv. Anjali Dhoot for plaintiff present through VC. Adv. Shivangi Goel i/b Rajani Associates for plaintiff present in Court hall.
Defendant Mr. Gagnjyot Siingh is present
Later on at 01.55 pm
Adv. Arvind Giriraj for plaintiff present in Court hall.
Adv. Sanjay Bhojwani a/w Adv. Naresh Parihar for defendants present.
Matter stands Adj to 18-06-2026 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Adv. Yash Singh for plaintiff present.
Adv. Naresh Parihar for defendant present through VC and prayed for time to advance final argument as his senior is unable to remain present.
O- Time granted as last chance. Both the Advocates are directed to file short synopsis and to advance final argument on next date without fail.
Matter stands Adj to 16-07-2026 at 01.00 pm for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Adv. Arvind Giriraj a/w Adv. Anjali Dhoot i/b Rajani Associates for plaintiff present and filed written argument. TOR and marked as Exh.75.
Adv. Sanjay Bhojwani for defendant present through VC and advanced final argument.
Adv. Giriraj advanced argument, however, prayed for time to advance argument on law point.
Matter stands Adj to 31-07-2026 at 04.00 pm for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2026
Date: 31-07-2026
Business: At.2.45 pm
Adv Arvind Giriraj a/w Adv Anjali Dhoot , Yash i/b Rajani Asociates for plaintiff present.
Adv Sanjay Bhojwani a/w Adv Naresh Parihar for defendant is present.
Both sides argued and plaintiff filed citations.
Matter stands Adj to 11-08-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-08-2026
Date: 11-08-2026
Business: Adv. Anjali Dhoot for plaintiff present through VC.
Adv. Naresh Parihar for defendant present through VC.
As Court is busy in dictating order in NM 927/2026 (Com Suit 1038/2024), NM 5907/2025 and 5910/2025 (Com Suit 283/2024), NM 5819/2025 (Com Sum 290/2025) and hearing argument in Com Suit 1027/2024. Hence, dut to paucity of time, matter stands Adj to 13-08-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 13-08-2026
Date: 13-08-2026
Business: Adv. Yash Singh for plaintiff present through VC.
Adv. Naresh Parihar for defendant present through VC.
Exh.76 Judgment.
FRSR following order is passed
ORDER
1.
The Commercial Suit No.79 of 2019 is decreed with cost.
2.
The defendants are directed to pay to plaintiff an amount of Rs.8,19,965/- (Rs. Eight Lakhs Nineteen Thousand Nine Hundred and Sixty Five Only) with 24 percent p.a on principal amount of Rs.4,73,924/- from the date of filing of the suit till realization.
3.
The decree be drawn up accordingly.
4.
The R and P be sent to Record Department.
Nature Of Disposal: JUDGMENT
Disposal Date: 13-08-2026