Date: 26-09-2019
Business: P.O. HAS BEEN TO SUPREME COURT FOR OFFICIAL WORK.
Plaintiff and advocate absent.
Adjourned to 09.10.2019 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Rahul Chaubey for plaintiff is present.
Issue suit summons to defendant.
Adjourned to 11.11.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: None present for plaintiff.
Adjourned to 22.11.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: None present for plaintiff.
Adv. Kalpana Jain i/b Adv. Sachin Mhatre for defendant is present and filed vakalatnama. TOR and marked as Exh.2.
At the request of advocate for defendant, adjourned to 09.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: None present for the parties.
Adjourned to 19.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None present for plaintiff.
Adv. Ms. Fernandes i/b Adv. Sachin Mhatre for defendant is present and filed Written Statement. TOR and marked as Exh.3.
Advocate for defendant to serve copy of written statement to other side.
Adjourned to 07.01.2020 for Draft Issue and List of Documents.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Amruta Gaonkar h/f Adv. Suresh Jain for plaintiff is present and seeks time to file draft issue.
Adv. Ms.Fernandis i/b Adv. Sachin Mhatre for defendant is present and served copy of written statement to plaintiff.
Adjourned to 13.01.2020 for Draft Issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: None present for plaintiff.
Adv. Archana Kurpatwar h/f Adv. Sachin Mhatre for defendant is present and filed draft issue. TOR.
KB
LO at 12.30 pm.
Adv. Rahul Chaubey for plaintiff is present and filed draft issue. TOR.
None present for defendant.
Adjourned to 21.01.2020 for Framing Issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Suresh Jain for plaintiff is present.
None present for defendant.
As the court is busy in hearing arguments in part heard very old suit No.7464/83, adjourned to 29.01.2020 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Rahul Choubey h/f Adv. Suresh Jain for plaintiff is present.
Adv. Archana Kurpatwar for defendant is present
Exh.4 - Issues Framed.
Adjourned to 17.02.2020 for Documents and Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: None present for plaintiff.
None present for defendant.
KB
LO
Plaintiff is present.
Adv. Rahul Choubey i/b Adv. Suresh Jain for plaintiff is present and tendered affidavit of evidence of PW-1 Moolchand Dalichand Jain. It is taken on record and marked as Exh.5.
Compilation of documents alongwith list of documents filed by advocate for plaintiff. List of documents is taken on record and list is marked as Exh.6.
None present for defendant.
Adjourned to 24.02.2020 for Admission and Denial.
Later on
Adv. Vaishnavi Mudras i/b Adv. Sachin Mhatre for defendant is present.
Copy of Exh.5 and Exh.6 served to advocate for defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: None present for plaintiff.
Adv. Diksha Shirodkar i/b Adv. Sachin Mhatre for defendant is present and filed list of admission and denial. TOR and marked as Exh.7.
Since the following documents are admitted as per list (Exh.7) by advocate for defendant, these are exhibited as follows-
Exh.8 - Death certificate of Sukhiben Moolchand Jain.
Exh.9 - Confirmation of account for the period of 01.04.2012 to 31.03.2013 dt.01.04.2013.
Exh.10 - Confirmation of account for the period of 01.04.2013 to 31.03.2014 dt.01.04.2014.
Exh.11 - Confirmation of account for the period of 01.04.2014 to 31.03.2015 dt.01.04.2015.
Exh.12 - Confirmation of account for the period of 01.04.2016 to 31.03.2017 dt.01.04.2017.
Exh.13 - Confirmation of account for the period of 01.04.2017 to 31.03.2018 dt.01.04.2018.
Adjourned to 12.03.2020 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Plaintiff is absent.
Adv. Rahul Choubey i/b Adv. Suresh Jain for plaintiff is present.
Adv. Vaishnavi Mudras i/b Adv. Sachin Mhatre for defendant is present.
On oral request of advocate for plaintiff, adjourned to 20.03.2020 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for evidence of plaintiff to 09.04.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2020
Date: 23-12-2020
Business: Matter wrongly on Board.
Adjourned for evidence to 20.01.2021.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Rahul Chaube for plaintiff present.
Adv. Priyanka Singh for defendant, submitted draft NM. Leave is granted to register the NM.
Copy served to plaintiff.
Matter is adjd.to 10-02-2021 for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Plaintiff Mr. Moolchand Jain is present.
Adv. Rahul Chaube for plaintiff submitted reply on NM No. 201/21. Copy served to other side.
Adv. Vinit Vaidya for defendant submitted register NM No. 201/21 and prayed for time to argue.
Matter is adjd.to 24-02-2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Mr. Rahul Chaube for plaintiff present, adjd is granted for remaining argument.
Adv. Ms. Vaishnavi Mudras for defendant present.
Heard part arguments of both side on NM no. 201/21.
Matter is adjd.to 10.03.2021 for Nm argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Rahul Chaubey for plaintiff, prayed for adjd. to as plff. is searching case louse on relevant point.
Adv. Mr. Vinit Vaidya for defendant present.
Matter is adjd.to 16.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Rahul Chaubey for plaintiff, submitted one case law.
Adv. Ms. Priyanka Singh for defendant present.
Both side argument is heard on 24.02.2021.
F.R.S.R the following order is passed on NM no. 201/21.
ORDER
1. Notice of Motion no. 201/21 stands rejected. No order of cost.
2. Notice of Motion no. 201/21 is disposed off accordingly.
(Note- As issues are ready, parties to expedite hearing).
Matter is adjd.to 30.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Mr. Rahul Chaubey for plaintiff present.
Adv. Ms. Snehal More for defendant, prayed for adjd. to cross-examination of PW-1.
Heard ld adv. Mr. Chaubey for plff. In view of order below Exh.6, upon verification of original power of attorney and in view of evidence of PW-1, following documents are marked as follows.
Exh.14- Power of Attorney.
Exh.15- Writing/ Receipt.
Exh.16- Adv. Demand Notice.
Exh.17- Postal Receipt.
Matter is adjd.to 16.04.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Both the parties absent when called out.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 07-09-2021 for case management
hearing.
Next Purpose: HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. for plaintiff present.
Adv. Pradnya Bhosle for defendant present.
Matter is adjd.to 30-09-2021 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Rahul Chaube for plaintiff present.
None for defendant.
Heard Adv. for plaintiff on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh. 18
Matter is adjd.to 18-10-2021 for filing list of witness by
the defendant.
Next Purpose: FOR___________________
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Rahul Chaube for plaintiff present.
Adv. Pradnya Bhosale for defendant present and filed list of witness t.o.r. and marked as Exh.19
Adv. Rahul Chaube for plaintiff received copy of Exh. 19.
Adv. Pradnya Bhosale for defendant submitted that one date may be given for conducting cross examination of PW – 1. - granted.
Adv. Rahul Chaube for plaintiff filed pursis stating that he does not want to examine any other witness in the case t.o.r. and marked as Exh. 20 – seen.
Matter is adjd.to 11-01-2022 for R/E Cross examination
PW1
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Rahul Chaube for plaintiff present.
Adv. Priyanka Singh for defendant present and prayed for adjournment – short date be given.
Matter is adjd.to 11-02-2022 for R/E (Cross examination
of PW -1)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None for plaintiff.
Adv. Ms. Sulbhi Shinde for defendant present.
Matter is adjd.to 22-02-2022 for recording evidence
(cross-examination of PW 2).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Rahul Chaubey for plaintiff present and submitted that witness is senior citizen and he is not available today. He prayed for adjournment-Short date be given.
None for defendant.
Matter is adjd.to 3/3/2022 for Cross examination of PW1
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Rahul Chaubey for plaintiff present
Adv. Priyanka Singh for defendant present and filed adjournment application t.o.r. and marked as Exh.21. - other side to say.
Adv. Rahul Chaubey has given say at the back side of Exh. 21. Heard both sides on Exh. 21.
Considering contents in Exh. 21 and say and also the stage of the matter, adjournment is granted as a last chance for conducting cross examination of PW - 1 .
Matter is adjd.to 24-03-2022 for R/E P.H. (Cross
examination of PW - 1)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Rahul Chaube a/w plaintiff present.
Adv. Priyanka Singh h/f Sachin Mhatre for defendant present and submitted that Adv. Sachin Mhatre is not available today for conducting cross examination of P.W.1. She prayed for adjournment.
Considering the stage of the matter and nature of litigation and also the fact that witness is senior citizen, adjournment is granted subject to cost of Rs.1,000/- payable to the plaintiff.
Matter is adjd.to 05-04-2022 for cross examination of P.W.1 (12.00am).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Rahul Chaubay a/w plaintiff present
Adv. Snehal More h/f Adv. Sachin Mhatre for defendant present and prayed for adjournment.
In view of details explained in schedule of trial, the plaintiff filed evidence affidavit of PW - 1 Moolchand Jain Exh. 5 on record on 17-02-2020. After exhibition of documents, matter is fixed for cross examination of PW - 1 Moolchand Jain on 30-03-2021. Thereafter, schedule of trial Exh. 18 was determine on 30-09-2021. The defendant did not follow the schedule of trail and failed to conduct cross examination of PW - 1 Moolchand Jain. Last chance was given for conducting cross examination of PW - 1 Moolchand Jain on 03-03-2022. One more opportunity was given by imposing cost of Rs. 1,000/- on 24-03-2020 the defendant did not pay the cost amount. In short, the defendant was accommodated by giving several opportunities, but he failed to avail the same. Hence, the defendants right to conduct cross examination of PW - 1 Moolchand Jain is foreclosed as per Order XV - A Rule 8 (b) of the C.P.C..
Re-examination - Nil.
The plaintiff has already filed evidence close pursis Exh. 20 on 09-12-2021. Hence, matter is fixed for evidence of the defendant.
Matter is adjd.to 27-04-2022 for R/E P.H. (evidence of the
defendant)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Rahul Chaubey for plaintiff present.
None for defendant
Matter is adjd.to 07-06-2022 for R/E P.H. (Evidence of the
deft.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Surbhi Shinde h/f Adv. Sachin Mhatre for defendant present.
Adjournment application filed by adv. for defendant. O- Granted
Adjd for recording evidence part heard to 27/07/2022
L. O
Adv. Rahul Chaubay for plaintiff present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Rahul Chaubey for plaintiff present. Plaintiff present.
None for defendant when called.
Adjd for evidence of defendant/passing evidence closing order of defendant to 29/07/2022
L. O at 11.34 am
Adv. Surbhi Shinde for defendant present.
Next Purpose: ORDER
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Plaintiff and Defendant absent.
Adv. Rahul Chaube for plaintiff present.
Adv. Vaishnavi Mudras for defendant present.
Exh.22- Application filed by Adv. for defendant for taking on record permanent disability certificate of the defendant.
Matter is adjd.to 04-08-2022 for reply to Exh.22.
Next Purpose: REPLY
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Rahul Chaubay for plaintiff present.
Adv. Sharmili Mhatre for defendant present.
Exh- 23 Adv. for plaintiff filed say on Exh.22. T.O.R.
Heard both sides on application Exh. 22
Order passed below Exh.22
Heard both sides. Perused contents of application and say of plaintiff. Plaintiff objected. IN my view merely by allowing production of documents no prejudice will be caused to plaintiff hence only production of documents is allowed.
Exh-24 Application filed by adv. for defendant for video call O- Other side to say.
Adv. for plaintiff filed handwritten reply on application itself.
Order passed below Exh.24
Heard both sides. Considering submission of both sides evidence be recorded through V.C link be provided by computer section.
Exh-25 Adv. for defendant tendered affidavit of examination in chief of Haresh Hirani O- Keep for verification.
Adjd for evidence to 18/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Rahul Chaubey for plaintiff present.
Adv. Sharmili Mhatre for plaintiff present.
Plaintiff present.
Witness of defendant Haresh Sankalchand Hirani present through Video conferencing by link established through google meet.
Further examination in chief of Haresh S. Hirani is commenced and concluded through video conference.
The following documents are marked as exhibits.
Exh-26 List of documents.
Exh-27 Copy of letter issued by adv. for defendant along with postal receipts and acknowledgment card and reply letter dt. 15.11.2019 issued by the plaintiffs advocate.
Exh-28 The copy of the case status of City civil court for the year 2019 extracted from the website of District Courts, Maharashtra.
Cross-examination of DW-1 Haresh S. Hirani commenced and concluded through Video conferencing.
Adjd for further evidence of defendant to 07/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Sharmili Mhatre for defendant present.
None for plaintiff when called.
Exh- 29 Application for adjournment filed by adv. for defendant. O-granted
Adjd for evidence to 01/11/2022
L. O
Adv. Rahul Chaubey for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Archana Kurpatwar i/b adv. Sachin Mhatre for defendant present.
None for plaintiff when called.
Exh- 30 Evidence closing pursis filed by adv. for defendant. O- R and R.
Adjd for final arguments to 22/11/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Rahul Chaubey for plaintiff present.
None for defendant.
Adjd. to 24.11.2022 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Rahul Chaubey for plaintiff present.
Adjd for arguments to 08/12/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Yogeeta Gade i/b Adv. Suresh Jain for plaintiff present.
None for defendant when called.
Adv. for plaintiff seeks time to argue suit.
Adjd for arguments to 17/12/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present.
Adjd for arguments to 06/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Rahul Chaubey for plaintiff present.
Heard arguments of adv. for plaintiff.
Adjd for arguments of defendant to 12/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv Rahul Choubey for plaintiff is present.
None for defendant.
Matter is pending for argument of defendant. Defendant is not argue the matter. Hence, case is adjourned for passing no argument of the defendant.
Case is adjourned for order to 21-01-2023.
Next Purpose: ORDER
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: None for plaintiff.
None for defendant
Case is adjourned for Order on 15.02.2023.
LO
Adv. Rahul Chaubey for plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: ORDER
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv Rahul Choubey for plaintiff is present.
None for defendant.
Case is adjourned for argument to 10-03-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: None for plaintiff.
Adv. Shrenik Gaikwad for defendant present.
Exh.31 Vakalatnama filed by adv Shrenik Gaikwad.
Case is adjourned on 21.03.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Rahul Chaubey for plaintiff present.
Adv. Shrenik G Gaikwad for defendant present.
Adv. for defective filed draft NM along-with affidavit. O- leave granted to register NM.
Case is adjourned to 31.03.2023 for arguments and tendering registered NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: None for plaintiff .
Adv Mr. Thakkar for defendant present.
He tendered registered N/m no. 1208/23.
O- Taken on record.
Case is adjourned to 13.04.2023 for N/m reply.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Rahul Choubey for plaintiff present.
Adv. Monel Thakkar for defendant present.
Ld. Advocate for plaintiff submitted that he has not received copy of NM No.1208/23.
Defendant is directed copy of NM No.1208/23 to the plaintiff.
Case adjourned to 28.04.2023 for NM reply.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Rahul Choubey for plaintiff is present and filed NM reply t.o.r. O- R and R.
Adv. Bhavjni Shah i/b Monel Thakkar for defendant is present.
Copy of NM reply is given to the adv for defendant.
Case is adjourned for NM hearing to 21-06-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: HeardAdv. Rahul Chaubey for plaintiff.
Heard Adv. Bhavini Shah for defendant.
Exh.32- Notice of Motion No. 1208/2023.
Exh.33- Reply to Notice of Motion No. 1208 of 2023.
FRSR following order is pass in Notice of Motion No.1208/2023.
ORDER
1. Notice of Motion No. 101208 of 2023, is allowed, subject to Cost of Rs. 5,000/- (Rs. Five Thousand Only).
2. The defendant shall pay said Cost on next date i.e. on 01.07.2023, the date on which PW1 shall also remain present for his cross-examination.
3. Aforesaid date is fixed as per submission of both counsels.
4. Considering age of the litigant, parties to expedite the Suit.
5. Order dictated and pronounced in Open Court.
Exh.34- Application for stay of proceedings in lieu of Interim Moratorium period as per section 95 of Insolvency and Bankruptcy Code, 2016.
Matter adjourned to 01.07.2023 at 15.00 Hrs for cross examination of plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Moolchand Dalichand Jain Vs Mr. Haresh Sankalchand Hirani
Adv. Rahul Chaube present with plaintiff Moolchand Jain.
Defendant side called repeatedly, till 16.15 Hrs. but absent.
Vide Order Dt. 21.06.2023, the witness Moolchand Jain aged 84 years was recalled for cross-examination.
Today the witness is present but defendant is absent.
There is no application for adjournment or exemption.
Hence, Suit to proceed without cross-examination of PW-1.
Plaintiff to takes steps further evidence if any.
Exh.35- Evidence Closure pursis filed by plaintiff.
Matter adjourned to 04.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Moolchand Dalichand Jain vs. Mr. Haresh Sankalchand Hirani.
All called, but absent.
Parties to take steps.
Roznama Dt. 01.07.2023 mentions that, the evidence of the plaintiff is closed and matter is adjourned for arguments.
Perusal of record shows that, the defendant is present in the Suit. Hence, the stage is corrected to defendant’s evidence.
Parties to take appropriate steps.
Matter adjourned to 19.08.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Moolchand Dalichand Jain Vs Mr. Haresh Sankalchand Hirani
All called, but absent.
defendant to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 04.09.2023 for evidence of defendant.
Later on at 12:00 Hrs.
Adv. Rahul Chaube present for plaintiff.
He submitted that , the plaintiff is aged 85 years old.
Parties to take appropriate steps.
Matter adjourned to 04.09.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Moolchand Dalichand Jain Vs Mr. Haresh Sankalchand Hirani
All called, but absent.
Defendant to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 15.09.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Moolchand Dalichand Jain Vs Mr. Haresh Sankalchand Hirani
All called, but absent.
Perused roznama Dt. 19.08.2023 and 04.09.2023.
Despite direction, defendant failed to lead evidence.
Evidence of defendant stands closed.
Matter adjourned for final arguments.
Parties to take appropriate steps by next date without fail.
Matter adjourned to 28.11.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: All called, but absent.
Parties to file written argument by next date.
Case adjourned to 15.1.2024 for written argument
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
All called, but absent.
Suit is filed on 27.08.2019.
parties to expedite.
Case adjourned to 20.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Moolchand Jain V/s Haresh Hirani
Adv. Rahul Chaubey present for plaintiff.
Parties to take steps regarding arguments.
Case adjourned to 14.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Moolchand Jain V/s Haresh Hirani
All called, but absent.
Suit is filed on 27.08.2019.
Plaintiff is senior citizen.
Parties to file written arguments, if any, by next date, without fail.
Suit adjourned to 29.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Moolchand Jain V/s Haresh Hirani
Adv. Suresh Jaind and Adv. Rahul Choube present for plaintiff.
Defendant side called, but absent.
Plaintiff completed final arguments.
Defendant to argue by next date, if any. Else, put for Judgment.
Suit adjourned to 22.03.2024 for arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Moolchand Jain Vs Haresh Hirani
All called, but absent.
Later on at 15.13 Hrs.
Adv. Suresh Jain present for plaintiff.
Defendant failed to file written argument or to argue the Suit. Hence, Suit is adjourned for Judgment.
Suit adjourned to 15.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: All called, but absent.
P. O. on leave suit adjourned to 23.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Moolchand Dalichand Jain Vs Mr. Haresh Sankalchand
All called, but absent.
Parties to take steps regarding arguments.
Paucity of time with court.
Court busy in dictating orders in Notice of Motion No. 999 / 2023 and 4897 / 2022.
Suit adjourned to 26.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Moolchand Jain V/s Haresh Hirani
All called, but absent.
Court busy in dictating order in NM No. 4906 / 2023, NM No. 1436 / 2024 and NM No. 3671 / 2022.
Suit adjourned to 29.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Moolchand Jain V/s Haresh Hirani
All called, but absent.
Paucity of time with Court.
Court busy in dictating order in Summons for Judgement 22 / 2024 and Notice of Motion No. 2163 / 2023, Notice of Motion.
Suit adjourned to 30.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Moolchand Jain V/s Haresh Hirani
All called, but absent.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100095 / 2019, Moolchand Jain Vs Haresh Hirani, is dismissed, with costs.
2. Decree be drawn up accordingly.
3. Judgment pronounced in Open Court.
4. Plaintiff be informed about his right to challenge this Judgment and period of limitation, for the same.
5. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: DISMISSED
Disposal Date: 30-04-2024