Date: 24-09-2018
Business: Adv. Pradnya Kulkarani for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv. Pradnya Kulkarani for plaintiff filed application for seeking extension in directions for issue of summons.
O-Granted.
Matter is adj for awaiting service report on 05/01/19
Next Purpose: REPORT
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: None present.
Matter is adj for filing service report on 19/03/19.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Exh-6(Colly) Adv.Pradnya Kulkarni for plaintiff tendered affidavit of service with remark \''intimated\''.
Matter adj for passing order against defendant on 03/06/19
Next Purpose: ORDER
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv.Jayanti Balkrushan for plaintiff present.
Matter called out (11.24 a.m.)
Plaintiff filed service affidavit Exh-6 the envelope contenting remark is unclaimed 1. In my view it not good service hence plaintiff is allowed to take recourse to substitute service.
Matter adj for filing service report on 01/07/19.
Next Purpose: SERVICE
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Matter called out at 12.43 p.m.
None present.
Matter is adj for service 27.08.2019
Next Purpose: SERVICE
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv.K.B.Jayanthi for plaintiff present.
Adv.for defendant absent
Matter adjd to 01.10.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv.for defendant absent.
Order in Chamber summons No. 1573 of 2019.
1) chamber summons No. 1573 of 2019 is allowed.
2) Plaintiff is permitted published writ of summons against defendant in the two local newspapers. Namely Free press Journal and Navshakti.
3) Plaintiff to bear expenses of substitute service.
4) Chamber summons No. 1573 of 2019 is disposed of in the above terms.
Matter adjd to 16.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present.
Matter adjd to 9/4/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to 31.10.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: COURT IS ON LEAVE
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 04/01/2021 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 18.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 10.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Reverting suit to original Court on 20.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 03.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.05.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 30.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 29.07.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 05.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.37 pm
Adv.Deepak Agawane h/f.Rony and Co. for plaintiff present.
The plaintiff filed service affidavit of service by paper publication, Exh.6 t.o.r.
It appears that the registered packet of service of summons returned with endorsement \''unclaimed\''. Thereafter, summons for issued by paper publication. The plaintiff to serve the summons also by pasting.
Matter adjd to 05.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Deepak Agawane h/f Rony & Co. for plaintiff present.
None present for defendant.
On oral request, time for suit summons is extended.
Matter adjd to 11.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv.Deepak Agawane i/b.Rony and Co. for plaintiff present.
None present for defendant.
Plaintiff submits that report is awaiting.
Matter adjd to 16.12.2021 for service affidavit.
Judge
LO at 12.08 pm,
Defendant Sanket Ajitkumar Shah present.
Matter adjd to 16.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv.Ruchi Bagwe i/b Rony and Co. for plaintiff present.
None present for defendant.
KB
LO at 12.15 p.m.
Adv.Ruchi Bagwe i/b Rony and Co. for plaintiff present.
Vakalatnama filed by Adv.Vikas K.Singh for defendant. t.o.r. marked as Exh.7.
Matter adjd to 10.01.2022 for service affidavit by the plaintiff and order in respect of W/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None present for plaintiff.
The defendant Mr. Sanket in person present. k.b.
Later on 12.45 p.m.
Advocate Vikas Jain for the defendant present. He filed draft N/M (Delay) along with affidavit. t.o.r. Order : Leave granted to register N/M.
Copies of same are kept on record for furnishing the same to the plaintiff.
Matter adjd to 25.01.2022 for Reply to N/M.
Next Purpose: REPLY
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 2/2/2022 for N.M.reply.
Next Purpose: REPLY
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: None present for plaintiff.
Adv. Vikas K. Singh present for defendant.
Defendant Mr. Sanket Shah present.
Advocate for the defendant tendered registered N/M No.172/2022 (Delay) along with affidavit in support. t.o.r.
Copy is obtained by the plaintiff as plaintiff remained absent. Hence, the defendant to serve the copy of NM and affidavit to the plaintiff.
Matter adjd to 11/02/2022 for service affidavit in NM and reply by the plaintiff in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff
Adv.Vikas Singh for defendant present.
Defendant filed service affidavit in NM 172/2022. It is t.o.r. and marked as Exh.8.
Matter adjd to 21.02.2022 for reply/hearing of NM.
Next Purpose: REPLY
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None present for plaintiff.
Adv.Sudha Gaud for defendant present.
Reply in NM is not filed by the pltff. KB for order.
LO at 12.37 pm,
Adv.Vikas Singh for defendant present.
None present for the plaintiff.
No reply filed by the plaintiff.
Heard the Ld.Adv.for the defendant in NM 172/22. No argument of the plaintiff.
F.R.S.R. the following order is passed
ORDER
1.Notice of Motion No.172 of 2021 is allowed.
2.The delay in filing written statement is condoned.
3.The defendant is allowed to file written statement on or before 28.02.2022.
4. Notice of Motion No.172 of 2022 is disposed of accordingly.
The defendant filed written statement. In view of above order in NM No.172/21 it is taken on record and marked as Exh.9.
Copy of same is keep on record for furnishing same to the plaintiff.
Considering the nature of dispute case is referred to lok-adalat. Issue notice to the plaintiff to attend the lok-adalat on 12.03.2022.
Matter adjd to 12.03.2022 for settlement talks/if no settlements for admission and denial.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
Matter sent to the committee.
Adv. Priyanka More for pltff present.
Deft present.
Matter not settled.
Matter Adjd to 02/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv.K.B.Jayanthy h/f.Rony and Co. for plaintiff present.
Adv.Sudha Gaud for defendant present.
The plaintiff received copy of written statement today.
Considering nature of dispute, case is referred to lok-adalat.
Matter adjd to 07.05.2022 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd. to 05.07.2022
LO at 11.35 am
Adv Jayanti K.B for plaintiff present.
Mr.G.B.Mishra, Bank Manager of Bank of India, Mandovi Branch present. As defendant and his advocate are absent, matter adjourned.
Matter adjd. to 05.07.2022
Next Purpose: REPLY
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Pranali Mahajan Present for Plff.
Adv. Vikas Singh Present for Deft.
Deft present.
Adj. for Statement of truth by both parties and CMS on 01/08/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Jayanthy Present for Plff.
Adv. Sudha Present for Deft.
Adv of both parties seeks time to file statement of truth. Granted as a last chance.
Adj. For Statement of truth on 26/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Exh. 10- Adv.Akhila Valsan for plaintiff present and she filed statement of truth.
Defendant present.
L.O. at 01.46 p.m.
Exh. 11- Adv. Vikas Singh for defendant present and filed statement of truth. Copy of statement of truth of defendant served on advocate of plaintiff. Advocate of plaintiff seeks time for serving copy of statement of truth on defendant.
Case adj for admission and denial to 26/09/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: None Present for Plff.
Adv. Vikas Singh Present for Deft and seeks time to file admission and denial. Granted.
Adj. For Admission and denial by deft on 20/10/2022.
LO 12.30
Adv. Roni Present for Plff.
Adj. For Admission and denial by deft on 20/10/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Rony Present for plff.
Adv. Sudha K. Gond h/f Adv. Vikas Singh Present for Deft.
Deft has not filed admission and denial within time under order XI of CPC.
Adv of deft contended that plff has not supplied copy of satment of truth. Plff is directed to supply the copy of statement of truth to deft.
Adj. For Case management Hearing and Draft issues on 22/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Vishanavi Khanna I/b Rony and Co Present for Plff.
Adv. Vikas Singh Present for Deft.
Today adv of plff has supplied copy of statement of truth to the adv of deft.
Ex.10- adv of plff has filed draft issues. Copy served to otherside.
Adj. For CMS hearing and Draft issues by deft on 08/12/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: court is on Leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Jayanthi K. B. I/b Rony and Co. Present for Plff.
Adv. Vikas Singh Present for Deft.
Exh.13- Adv of deft has filed draft issues. Copy served to otherside.
Adj. For framing issues on 31/01/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: None present for plaintiff.
Adv Manoj Thakur h/f Vikas K. Singh for defendant present.
Defendant present.
Adv of defendant has filed draft NM a/w affidavit for condonation of delay in filing admission and denial.
Case adjd for tendering registered NM and framing issues on 24.02.2023.
Next Purpose: HEARING
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Vaishnavi Khanna I/b Rony and Co. Present for Plff.
None Present for Deft.
KB 12.30 pm.
Adv. Vaishnavi Khanna I/b Rony and Co. Present for Plff.
Adv. Vikas Singh Present for Deft.
Both parties already filed draft issues on previous dates.
Exh.14 - Issues framed.
Adv of deft has tendered registered NM 541/23 along with affidavit. Today copy of NM served to adv of plff.
Adj. For Reply on NM 514/23 on 27/03/2023.
Next Purpose: REPLY
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None Present for Plff.
Adv. Vikas Singh Present for Deft.
Adj. For Reply on NM 514/23 on 24/04/2023.
LO 2.45pm.
Adv. Vaishanavi Khama I/b Rony and Co. Present for Deft.
Adj. For Reply on NM 514/23 on 24/04/2023.
Next Purpose: REPLY
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: None Present for Plff.
Adv. Vikas Singh Present for Deft.
Adj. For Reply on NM 514/23 on 01/07/2023.
Next Purpose: REPLY
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: 01.07.2023
50
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 100/2021
NM 514/2023
Adv. Nehal Raval i/b Rony and co. for plaintiff present.
Adv. Vikas Singh for Defendant present.
Ld. Adv. for plaintiff orally requested for time to file reply on NM 514/2023.
Order- Time Granted as prayed for.
Adjd. to 27/07/2023 for reply and hearing on NM 514/2023.
Judge
Next Purpose: REPLY
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: None present for parties.
Matter is adj for reply and hearing to 29/08/2023.
L.O at 01.35 pm.
Adv. Vikas Singh for defendant is present.
He submitted that on the last date the reply of NM No. 514/2023 was served on him.
Matter is adj for hearing on NM NO. 514/2023 to 29/08/2023.
L.O. at 02.45 p.m.
Adv. Nehal Raval h/f Rony & Co. for plaintiff is present and filed reply on NM No. 514/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Adv. Rony for plaintiff is present.
Adv. for defendant is absent.
Defendant is present. He submitted that his advocate is absent due to ill health therefore, matter may kindly be adjourned.
Matter is adj for hearing on NM to 12/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Adv. Rony for plaintiff is present and submitted that he is ready for NM hearing.
Defendant present and submitted that his advocate is held up in Hon’ble High Court therefore, matter may be adjourned. O- This is the second time the def. has prayed for adjournment on the ground of absence of his advocate. Therefore, the submissions of ld. adv of plaintiff are heard today on the NM filed by the defendant and matter is adjourned for hearing on behalf of defendant.
Heard ld. adv of plaintiff on NM No. 514/2023.
Matter is adj for hearing of ld. adv of def. on NM No. 514/2023 to 25/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: As P.O is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. for plaintiff is absent.
Defendant is present his Advocate is absent.
The def. in person orally prayed for adjournment on the ground of absence of his advocate. O- Issues were framed at Exh. 14 on 24.02.2023 and on that day def. tendered registered NM No. 541/2023. Thereafter on 27.07.2023 the reply of plaintiff was filed to the said NM and since 29.08.2023 matter is pending for hearing on the said NM. The def. in person prayed for adjournment on 29.08.2023 and on 12.09.2023 and today again on the ground of absence of his advocate he is praying for adjournment. Hence, oral prayer for adjournment is allowed subject to costs of Rs. 1000/- to be paid by the def. to the plaintiff, on or before next date. Adjournment is granted as last chance.
Matter is adj for NM hearing to 26/10/2023.
L.O at 12.55 p.m.
Adv. Nehal Raval i/b Ronny and co. for plaintiff is present.
Adv. Sainath Baji h/f Vikas Singh for def. is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Rony for plaintiff is present and submitted that, received costs of Rs. 1000/- from the ld. adv of def.
Defendant present.
Adv. Vikas Singh for def. is present.
Heard both sides on NM No. 514/2023.
Ld. adv of def. presented defendant’s affidavit of admission and denial. O-Presented. Copy served to other side.
Matter is adj for NM order to 31/10/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: None present.
L.O at 01.00 p.m.
Adv. Vikas Singh for def. is present.
None present for plaintiff.
As court is busy in other matters on board. Hence, matter is adjourend.
Matter is adj. for NM order to 01/11/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: None present.
As court is busy in hearing of final arguments in Commercial Suit No. 160/2021 hence, matter is adjourned.
Matter is adj. for NM order to 03/11/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Nehal Rawal h/f Roni and Co. for plff present.
Keep back for order.
For Reasons Separately recorded and following final operative order is passed.
ORDER
1. Notice of Motion No.514 of 2023 is hereby allowed subject to payment of costs of Rs.2,000/-(Rupees Two Thousand Only) by the defendant to the plaintiff, on or before next date.
2. After compliance of the above condition of payment of costs, the affidavit of admission and denial of the defendant shall be taken on record.
3. Notice of Motion is disposed off accordingly.
-------------
Adjd. to 21/12/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Akash Sajjan i/b Ronny and co. for plaintiff is present.
Adv. Manjoj Thakur h/f Adv. Vikas Singh for def. is present and paid costs of Rs. 2000/- to the ld. adv of plaintiff.
O- As the defendant has complied order dt. 03.11.2023 and paid the costs hence, the affidavit of admission and denial of the defendant is hereby taken on record and marked as Exh. 15.
Matter is adj. for CMH to 19/01/2024.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Adv. Akanksha Sarpole i/b Rony and Co. for plaintiff is present.
None for def.
Heard ld. Adv. of plaintiff on Case Management Schedule.
Case Management Hearing/ Schedule.
On or before
Business.
13.02.2024.
List of witness a/w Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
13.02.2024 to 13.04.2024.
Evidence of witnesses of plff. ( Chief and Cross examination)
13.04.2024 to 13.07.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 13.07.2024
Final Arguments after submission of Written notes of arguments.
Matter is adj. for affidavit of evidence (R/E) to13/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Adv. Akansha Sarpole i/b Rony and Co. for plaintiff is present and requested for time for filing evidence affidavit alongwith list of witnesses. O-Time granted as prayed for.
Defendant in person present and requested to KB the matter.
KB.. Later on at 01.05 p.m.
None present for plaintiff.
Adv. Vikas Singh for defendant is present and requested time for filing evidence affidavit alongwith list of witnesses. O-Time granted as last chance.
Matter is adj. for recording evidence to 02/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Rony for plaintiff is present and requested to KB the matter.
None present for defendant.
KB.. Later on at 01.15 p.m.
Adv. Rony for plaintiff is present.
Defendant is present.
Exh.16 - List of witnesses filed by plaintiff.
Exh. 17- Evidence Affidavit filed by plaintiff.
Exh.18 - Compilation of documents filed by plaintiff.
Exh. 19 – List of witness filed by defendant.
Exh. 20 – Affidavit of evidence of DW-1.
Copies of evidence affidavit served to other side by both the parties.
Note : PW-1 is not the same officer through whom the plaintiff had filed the plaint.
Matter is adj. for steps by plaintiff to 26/03/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Adv. Rony for plaintiff is present.
Adv. Vikas Singh for defendant.
Heard the ld. Adv of plaintiff on the point of substitution of authorized officer of the plaintiff bank.
ORDER : The Ld. Adv of plaintiff filed list of witnesses at Exh. 16 and evidence affidavit of PW-1 Exh. 17 on 02.03.2024. It was noticed that the PW-1 is not the same officer of the plaintiff bank who had affirmed and verified the plaint on behalf of the plaintiff. The plaint was verified by Mr. Harikumar S. and now he is reportedly transferred from the plaintiff bank therefore, ld. Advocate of plaintiff was directed to bring on record the newly authorized officer of the plaintiff bank by applying for amendment in the plaint title cause. Today the ld. Advocate for the plaintiff submitted that the plaintiff bank is a body corporate and is a legal entity. It can sue and be sued in its name therefore, there is no need for it to bring on record its new authorized officer for representing it further. He argued that, the PW-1 has been granted authority letter by the plaintiff bank therefore, there is no need for bringing his name on record by amending the title cause of the plaint. In my opinion, the arguments advanced on behalf of the plaintiff cannot be accepted because the PW-1 has filed his evidence affidavit in the capacity of witness of the plaintiff. The role of PW-1 will end and thereafter the plaintiff bank will not be represented further therefore, his name needs to be taken on record for further representing the plaintiff bank till the conclusion of suit proceedings. For taking the name of PW-1 on record as a new authorized representative of plaintiff bank, the plaintiff should take out Ch/S under Rule 43 of the Bombay City Civil Court Rules, 1948 and prayed for amendment in the plaint regarding the appointment of new authorized officer of the plaintiff and if the said permission amendment is granted then the plaintiff needs to file amended plaint on record which mentions the name of new officers. Hence, ld. Advocate of plaintiff is directed to take appropriate steps on the next date for bringing on record the name of new authorized officer of the plaintiff bank.
Matter is adj. for steps to 23/04/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. Aarti Chavan i/b Rony and Co. for plaintiff is present and orally requested time for taking steps. O-Time granted as prayed for.
Matter is adj. for steps to 02/07/2024.
Later on at 12.35 p.m.
Defendant is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Adv. Raj Kapadia i/b Rony and Co. for plaintiff is present and orally requested time for taking steps for substitution of authorized officer. O-Time granted as prayed for as last chance.
Matter is adj. for steps to 29/07/2024.
Later on at 12.50 p.m.
Defendant si present.
None present for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Adv. Raj Kapadia i/b Rony and Co. for plaintiff is present and orally requested time for taking steps. O-Time granted as prayed for as last chance.
Matter is adj. for steps to 23/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Court is vacant hence adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Court is vacant hence adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: laintiff is absent.
Adv. Mohini Das for plaintiff is present and filed pursis for return of the affidavit in lieu of examination in chief of plaintiff witness and compilation of original document of examination at Exh.21.
Defendant is present.
Adv. Rameez Khan for def. is present.
Matter is adj. for steps to 10.06.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: Parties are absent.
Adv. Umesh Pujari i/b Ronny and Co. present for plaintiff.
Adv. Rameez Khan i/b Adv. Vikas Singh present for defendant.
The present matter is under the caption is taking steps if the positive steps are not taken today. Appropriate order will follow in accordance with law.
Matter is adj. for steps to 18.06.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: Parties are absent.
Adv. Ronny present for plaintiff.
Adv. Rameez Khan i/b Vikas K Singh present for defendant.
Later on at 03.05 p.m.
Adv. Ronny present for plaintiff and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
Exh. 22 Ld. adv of plaintiff filed evidence affidavit of witness PW-2.
Witness PW-2 is present.
Oath is given to witness PW-2.
Following order is passed in draft Chamber Summons.
For the reason separately recorded.
Operative part of order.
1. Draft Chamber Summons No.------of 2025 is allowed
2. Necessary amendment be made within 14 days from the date of passing of order.
. Registry shall register draft Chamber Summons for Statical purpose.
. Visalakshi W/o Ravi Kumar is permitted to adduce her evidence who is Senior Branch Manager of the Bank of India Mandvi Branch, Mumbai.
. Draft Chamber Summons is disposed off accordingly.
Matter is adj. for compliance to 30.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2025
Date: 24-06-2025
Business: Com. Suit No.100/2021 taken on board on todays board is fixed on 30.07.2025 a/w Ch/S 1443/2025
Draft Ch/S was tendered on 18.06.2025. On the same day being Ch/S was taken out for formal amendment hence disposed off subject to registration of it for statistical purpose.
Thereafter present Ch/S is registered and sent to this Court is already disposed off on 18.06.2025 hence, removed from the CIS.
Main suit is already adj to 30.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Parties are absent.
Adv. Umesh Pujare i/b Ronny and Co. present for plaintiff and informed that the compliance has done.
Adv. Rameez Khan i/b Vikas Khan present for defendant.
Matter is adj. for filing affidavit of admission and denial and affidavits of respective witness a/w compilation of document to 24.09.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Parties are absent.
Adv. Ronny present for plaintiff.
Adv. Rameez Khan i/b Adv. Vikas K. Singh present for defendant.
Order on admissibility of document.
Heard ld. Adv of plaintiff on admissibility of documents. Plaintiff bank filed list of document at Exh. 18, 10 documents vide Exh. 15, Dt. 08.12.2022 the admission and denial has been tendered by the defendant denied not only existence but the contents of all the documents.
The ld. Adv. Rameez Khan sought two weeks time to argue the admissibility as fire sets in his office and therefore, he is unable to trace out his brief. The court is ready to giver its brief to the ld. Adv. for defendant in the light all the documents in denied in toto.
Out of total 10 documents at Exh. 18 document at sr. no. 2 and sr no.7 i.e. Exh. B and G of Exh. 18 are photocopies hence, except two documents the rest of the documents are mark exhibit. Though there is the strong objection from the defendant.
Following documents are exhibited.
Exh. 23 – Application for Loan.
Article ‘A’ - Sanction Letter dt. 10.11.2015.
Exh. 24 – Demand Promissory Note dt. 10.11.2015.
Exh. 25 – Letter of installment dt. 10.11.2015.
Exh. 26 – Agreement for Hypothecation for Consumer Loan in respect of Vehicle dt. 10.11.20215.
Exh. 27- Multipurpose Document dt. 10.11.2015.
Article ‘B’ – Complaint dt. 25.07.2016 with Pydhonie police station.
Exh. 28 – Legal Notice and return postal cover.
Exh. 29 – Statement claim.
Exh. 30 – Letter of Authority.
Matter is adj. for cross examination of PW-1 to 01.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: Plaintiff is absent. Defendant is present.
Adv. Umesh Poojari h/f adv. Rony and Co. present for plaintiff.
Adv. Rameez Khan i/b Adv. Vikas Singh present for defendant pointed out that today matter is fixed for cross examination of PW-1. However, PW-1 is absent. If PW failed to remain present till 03.00 p.m. affidavit of plaintiff stands filed.
KB.. Later on at 04.45 p.m.
Adv. Rameez Khan i/b Adv. Vikas Singh present for defendant and filed adjournment application. Marked as Exh.31.O- Heard. Rejected as application is moved at 04.44 p.m. in the light in first session plaintiff was directed to remain present facing cross examination.
Witness PW-1 is present.
Cross examination of witness PW-1 is partly completed.
Matter is adj. for R/E P.H. to 18.11.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Witness is present.
Adv. Umesh Poojari i/b Rony and Co. present for plaintiff.
Defendant Sanket Shah is present and informed that daughter of his ld. Advocate is seek hence, sought oral adjournment. Granted as a last chance.
His advocate is absent.
Matter is adj. for R/E P.H. to 11.12.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: Adv. Umesh Poojari i/b Rony and Co. present for plaintiff.
Adv. Rameez Khan present for defendant.
Witness PW-1 Visalakshi is present.
Cross-examination of PW-1 is completed.
Matter is adj. for steps to 19.01.2026
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: HHJ is on leave.
Hence, Matter is adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Parties are absent.
Adv. Taniya Singh present for plaintiff.
Adv. Rameez Kahn h/f adv. Vikas Singh present for defendant.
Mediation report is not received. Kept for the evidence of defendant.
Evidence of plaintiff is already recorded.
Matter is adj. for recording evidence to 20.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: Parties are absent.
Adv. Taniya Singh present for plaintiff.
Adv. Rameez Khan i/b Adv. Vikas Singh present for defendant.
Mediation report is received as mediation is failed. Marked as Exh. 32.
Evidence of plaintiff closed.
Kept for the evidence of defendant.
Matter is adj. for defendants evidence to 15.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2026
Date: 15-06-2026
Business: Parties are absent.
Adv. Taniya Singh present through V.C. for plaintiff.
Adv. Rameez Khan i/b Vikas Singh present for defendant and orally seeking time for settlement as plaintiff bank proposed one time settlement proposal.
KB.. Later on at 01.00 p.m.
Adv. Taniya Singh present for plaintiff.
Adv. Rameez Khan i/b Vikas Singh present for defendant
Matter is adj. for settlement to 16.07.2026.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Parties are absent.
Adv. Taniya Singh present for plaintiff.
Defendant is present.
Adv. Rameez Khan i/b Adv. Vikas Singh present for defendant no.1.
Matter is adj. for admission and denial to 28.08.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: Parties are absent.
Adv. Tania Singh present for plaintiff through V.C.
None present for defendant.
Defendant is hereby directed to supply copy of compilation of documents along with evidence to the plff.
Matter is adj. for admission denial to 19.10.2026.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-10-2026