Date: 27-11-2018
Business: Adv. Ramesh Kamble for Plaintiff present.
Adv. Sunil Rajbhar for Defendant present and filed vakalatnama, TOR subject to confirmation.
Matter is adjd. to 21/01/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Ramesh Kamble for Plaintiff present.
Defendant present.
Advocate for plaintiff has filed registered S/J no.381/18 alongwith affidavit, TOR.
Matter is adjd. to 15/02/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv. Ramesh Kamble for Plaintiff present.
Defendant present.
Advocate for defendant absent.
S/J reply is not filed.
Matter is adjd. to 02/03/2019 for S/J reply as last chance.
Next Purpose: REPLY
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Adv. Ramesh Kamble for Plaintiff present.
Defendant present.
Advocate for defendant absent.
Reply to the S/J is not filed by the defendant hence, case is proceeded further without S/J reply.
Matter is adjd. to 28/03/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv for plaintiff Mr.Kamble present
Adv for deft Mr.Gupta present
Adv for deft filed VP. T.O.R.
Adv for plaintiff requested for adjournment
O-Granted
Matter is Adjd for S/J Hearing to 20/06/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv for plaintiff Mr.Ramesh Kamble present
Adv for deft Mr.Gupta present
Adv for plaintiff stated that he will produced original documents on next date.
Matter is Adjd for S/J 381/18 Hearing to 05/08/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Court is on leave .
Adjd to 23/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Ramesh Kamble for plaintiff present.
None for deft.
Adjd. to 17.12.2019 for SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Ramesh Kamble for plaintiff present and he filed list of documents along with documents.tor.
Exh. 5
plaint.
VP
Memorandom of address.
List of documents.
List of documents long with documents by plaintiff.
defendant present.
Matter adjd to 28/02/2020 for evidence affidavit.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Plaintiff present. His advocate absent.
The plaintiff requested to keepback the matter. Hence, the matter is kept back.
Later on.
Till 12.30 pm none appeared. Even the plaintiff is absent. Hence, adjd to 23-03-2020
LO at 1.45pm
Adv. Ramesh Kamble for plaintiff.
Issue fresh summons to the defendant for filing of written statement as the matter is converted as commercial suit.
Already adjd to 23-03-2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 26.10.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
20
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.87/2020
Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 11/11/2020 for service.
Judge
Next Purpose: SERVICE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 04.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 4/01/2021 for service.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Both parties and their advocates absent.
Matter adjd to 17-02-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: In view of the office orders the matter be placed before the new allotted Court on 16.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 05/07/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 31.08.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: COURT IS VACANT
Next Purpose: SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present.
Matter is adjd for service on 08-04-2022
Next Purpose: SERVICE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: P.O. is on training.
Next Purpose: SERVICE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Ramesh Kamble for Plaintiff present.
Defendant in person present.
Matter adjourned to 29.09.2022 for hearing on S/J.
Next Purpose: HEARING
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: As Court busy in dictating judgment in Suit No.8433 of 2002 and Suit No.8434 of 2002 and discharge application-Exhibit-08 in Sessions Case No.786 of 2019, hence, matter adjourned to 23.11.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv.Ramesh Kamble for plaintiff present.
As Court is busy in argument in SC 672/19, recording evidence in SC 1996/19 and SC 1905/19, hence second session board is discharged.
Matter is adj to 03/02/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv.Ramesh Kamble for plaintiff present.
None for defendant.
Matter is listed for hearing of SJ without reply. However, on perusal of the record it appears that there is no order regarding service of SJ on defendant so also no affidavit of service of SJ seems to be filed on record. Considering the claim of the plaintiff, I find it just and proper to direct plaintiff to serve SJ on defendant and file affidavit of service.
Matter is adj to 15/04/2023 for affidavit of service of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
Adv.Manish Shukla a/w Adv.Gypson John for defendant present.
Kept back.
Later on at 3.11pm
Adv.Ramesh Kamble for plaintiff present.
Adv.Manish Shukla a/w Adv.Gypson John for defendant. He request to let him file vakalatnama for defendant. He further requests time to file reply to SJ.
He submits that defendant had caused appearance on 27/11/2018. the draft SJ came to be filed on 01/12/2018. Defendant was personally present on 21/01/2019, 15/02/2019 and 02/03/2019. The copy of SJ was served on defendant personally on 21/01/2019. The received endorsement of defendant is there on back of side of originals SJ. He submits that as no reply is filed this court had passed order to proceed without reply on 02/03/2019. He thus objects to grant time to the defendant to file reply.
I have gone through the record. The submission made by plaintiff seems correct. Hence, no further time can be granted to the defendant to file reply to SJ. However, defendant is at liberty to file appropriate application for seeking condonation of delay in filing reply. As vakalatnama sought to be tendered on record does not bear NOC of earlier advocate, hence said vakalatnama is not permitted to be filed. Defendant to file vakaltanama by compliance necessary rules in that regard.
Matter is adj to 14/06/2023 for ex-parte hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. M. H. Kamble for plaintiff present.
Defendant present and his advocate absent.
Matter is adj to 25.08.2023 for SJ hearing without reply.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Kamble for plaintiff is present.
Matter is adj to 21.11.2023 for SJ hearing without reply.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Kamble for plaintiff is present.
The defendant in person is present.
Matter is adj to 25.01.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their counsels are absent.
Keep back at 2.45p.m.
Both parties and their counsels are absent.
The parties are given last chance to argue the matter.
Matter is adj to 26/02/2024 for SJ hearing.
Next Purpose: HEARING
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The matter is pending for Hearing on Summons for Judgment since 15.04.2023. the plaintiff fail to file original documents and argue on Summons for Judgment. Hence matter is kept for dismissal order.
Matter is adj to15.06.2024 for Dismissal Order.
Later on at 1.45 p. m.
Adv. Kamble for plaintiff is present.
Matter is adj to 15.06.2024 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ramesh D. Kamble for plaintiff is present and filed an application for removal of dismissal caption. Taken on record. It is marked as Exh-6. O-Allowed. Caption dismissal is removed.
The defendant and his counsel are absent.
Heard counsel for plaintiff on summons for judgment.
Matter is adj to 04.07.2024 for hearing on Summons for judgment by the defendant/Order.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The defendant is given last chance to argue on Summons for judgment.
Matter is adj to 25.07.2024 for hearing on Summons for judgment by the defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 05.09.2024 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ramesh Kamble for plaintiff is present.
The defendant and his counsel are absent.
The defendant failed to argue on Summons for judgment. Hence, matter is adjourned for order on Summons for judgment.
Matter is adj to 26.09.2024 for further argument/order on Summons for judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Court busy in dictating order in SJ No.255/22, NM No.275/16 and hearing in other urgent matters.
Matter is adj to 16.10.2024 for argument(P.H.)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Court is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
FRSR following order is passed on SJ No.381/18
Order
1)Summons for Judgment No. 381 of 2018 is hereby allowed.
2)Summary Suit No. 168 of 2021 is hereby decreed with the costs.
3)The defendant shall pay an amount of Rs. 27,00,000/- (Rupees Twenty Seven Lakhs only) to the plaintiff with simple interest at the rate of 7 percent per annum from 08/06/2018, i.e. the date of filing of the suit till its full realization.
3)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
4)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-11-2024