Date: 25-09-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 23/01/2019 for Service.
Next Purpose: REPORT
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Deepak Khillare for Plaintiff present.
Adv. Modini Mulakatte for Defendant present.
Advocate for plaintiff has filed affidavit of service report, TOR.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 12/03/2019 for Filing S/J.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. More for Plaintiff present.
Adv. Shobha for Defendant present.
The advocate for plaintiff has filed draft S/J alongwith affidavit, TOR.
Order Leave is granted to register the S/J.
Matter is adjd. to 10/04/2019 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adv for plaintiff Mr.More present
Adv for deft Mrs. Patel present
Adv for plaintiff tendered registered S/J along with affidavit.
Matter is Adjd for S/J 121/19 Hearing to 24/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv.More fo rplaintiff.
Adv.Shubha Mulkute for defendant.
On oral request of adv of plaintiff Adj for SJ
Hearing on 19/09/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 22/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Nanadkumar More for plaintiff present.
Adv. Shubha for deft. Present.
Rejoinder filed by adv. for plaintiff to SJ. Copy supplied to OS.
Adjd. for SJ hearing to 28.01.2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Pankaj shah for plaintiff.
None for defendant.
Adjd as last chance for SJ hearing to 04-03-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Pankaj Shah for plaintiff
None for defendant
kb
LO At 12.30pm
The advocate for plaintiff present. However, none present for defendant.
Heard arguments on behalf of plaintiff.
No arguments on behalf of the defendant.
Adjd for SJ Order to 21-03-2020
Next Purpose: ORDER
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Next Purpose: ORDER
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: PO on inspection duty is absent.
Next Purpose: ORDER
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: PO is on leave. Hence Adjd.
Next Purpose: ORDER
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Pankaj shah for plaintiff
None for defendant
Adjd for SJ order to 10-02-2021
Next Purpose: ORDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv Pankaj Shah for plaintiff.
Adv Maravoor for defendant present.
Adv for plaintiff filed reply on Exh-5 on itself
Vide application Exh.5 the defendant requested to grant permission to advance arguments on the summons for judgment. The plaintiff resisted the application praying for costs.
It appears that pre-covid period i.e. on 04.03.2020, after hearing the arguments on behalf of the plaintiff, as the defendant and his advocate were absent, this court passed order of no arguments against the defendants. However, it must be noted that after reopening of the court after lockdown phase, the defendant immediately moved this application. Yet no order has been passed on summons for judgment. Considering the same and in the interest of justice to decide the matter on merits the application is allowed and permission is granted to the defendant to advance argument subject to cost of Rs.1000/- to be paid to the plaintiff.
Matter Adjd for SJ Hearing to 19-03-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Pankaj shah for plaintiff
Adv. Maravoor for defendant
Heard arguments of both sides.
Adjd for order to 24-03-2021
Next Purpose: ORDER
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Pankaj shah for plaintiff present
None for defendant
Today the advocate for plaintiff filed a case law/citation. It is necessary to give opportunity to the defendant to advance his contentions regarding the same case law/citation. Hence, adjourned to 09-04-2021 for arguments on behalf of defendant to the extent of the case law filed today by the plaintiff.
Adjd to 09-04-2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: As per office order 64 of 2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Mallikarjun K. h/f Maravoor Wamorkar & Co. for defendant.
With consent of both sides matter is kept in afternoon session on 27-10 -2021.
Matter is adjd.to 27-10 -2021 for (2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Pankaj Shah for plaintiff present.
Clerk B. A. Waghmare of Adv. Rajesh Maravoor for defendant present and stated that Adv. Rajesh Maravoor is busy in hearing in another matter.
Heard Adv. Pankaj Shah for plaintiff.
Matter is adjd.to 09-11-2021 for argument of the
defendant in S/J (2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Rajesh Maravoor for defendant present.
Heard Ld. Adv. Rajesh Maravoor for defendant.
Also heard reply argument of Adv. Pankaj Shah for plaintiff.
Matter is adjd.to 16-11-2021 for S/J Order. (4.00pm)
Next Purpose: ORDER
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. Pankaj Shah for plaintiff present.
None for defendant.
F.R.S.R. following order is passed -
ORDER
1. Summons for Judgment No. 121/2019 is dismissed.
2. Unconditional leave is granted to the defendant to defend the suit.
3. The defendant is directed to file written statement on or before the next date of hearing.
4. Proceedings of Summons for Judgment No. 121/2019 are closed.
Matter is adjd.to 04-12-2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None for plaintiff.
Adv. Mallikarjun K. i/b Maravoor Wamorkar and Co. for defendant present and filed adjournment application t.o.r. and marked as Exh. 6 Order Short date be given.
Matter is adjd.to 14-12-2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Nandkumar More h/f Adv. Pankaj Shah for plaintiff present.
None for defendant
Matter is adjd.to 25-01-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. Nandkumar More for plaintiff present.
None for defendant
Matter is adjd.to 16-02-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Date: 11-03-2022
Business: Adv. Pankaj Shah for plaintiff present and received copy of draft NM filed by the defendant.
Adv. Ramesh Sahu for defendant present Adv. for tendered draft NM with supporting affidavit t.o.r. and Leave is granted to register the NM.
Matter is adjd.to 07-04-2022 for filing registered NM and
reply. (2.45pm)
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Nandkumar More a/w Adv. Pankaj Shah for plaintiff present.
Adv. Ramesh Sahu for defendant present and filed original registered NM No. 1181/22 with supporting affidavit t.o.r.
Adv. Pankaj Shah submitted that notice of motion may be allowed by imposing cost.
F.R.S.R. following order is passed in NM No. 1181/22-
ORDER
1) Notice of Motion No. 1181/2022 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs. 2,000/- (Rupees Two Thousand Only) payable to the plaintiff or his learned counsel on or before the next date of hearing.
2) Without written statement order passed in roznama dtd. 16/02/2021 is set aside.
3) The defendant is directed to file written statement on or before the next date of hearing subject to payment of cost as above.
3) The proceeding of N/m No. 1181/2022 is closed.
Matter is adjd.to 25-04-2022 for Written stmnt. 11.00 am
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Ramesh Sahu for defendant present
Matter is adjd.to 29-04-2022 for written statement and
compliance as a last chance.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Adv. Nandkumar More for plaintiff present
Adv. Ramesh Sahu for defendant present and filed written statement t.o.r. and marked as Exh.7
Adv. Nandkumar More for plaintiff received copy of Exh. 7
and also cost of Rs. 2000/-
Matter is adjd.to 08-07-2022 for admission/denial by
deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Archana Gatte for plaintiff present and sought time for admission denial
Adjd for admission denial to 27/07/2022
L. O
Adv. Ramesh Sahu for defendant present and sought time for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Archana Gatte for plaintiff present.
Adv. Ramesh Sahoo for defendant present.
Both are seeking time for admission denial.
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: 29-08-2022
Date: 29-08-2022
Business: Adv. Pankaj Shah along with adv. Archana Gatte for plaintiff present.
Adv. Ramesh Sahu for defendant present.
Exh-8 Admission denial filed by adv. for defendant. O- Seen.
Adjd for draft issues/ framing issues to 23/09/2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Archana Gatte for plaintiff present and tendered draft issues. T.O.R. O- Seen
Adv. Ramesh Sahu for defendant present and tendered draft issues. T.O.R. O- Seen
Court is busy in passing order in NM No. 3437/22 hence adjourned.
Adjd for framing issues to 12/10/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Archana Gatte for plaintiff present.
Adv. Ramesh Sahu for defendant present
Issues framed.
Adjd for case management hearing to 15/11/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Nandakumar More for plaintiff present and tendered draft of case management schedule. T.O.R. O- Seen.
Adv. Ramesh Sahu for defendant present and seeks time to file his draft case management schedule.
Adjd for case management hearing to 29/11/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Archana Gatte for plaintiff present.
None for defendant when called.
Adjd for case management hearing to 11/01/2023
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv Archana Gatte i/b MMK Law associates for plaintiff is present.
Adv. Ramesh Sahu for defendant is present and sought time for argument of case management.
Case is adjourned for case management hearing to 31-01-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv. Archana Gatte i/b MMK law associates for plaintiff is present.
Adv. Ramesh Sahu for defendant is present.
Heard both sides on case management.
Case management order at Exh.10
1. Filing list of witnesses - on or before 10/02/2023
2. Examination-in-chief of plaintiff with original documents - on or before 18/02/2023.
3. Marking of documents - on or before 27/02/2023.
4. Cross examination of plaintiff - on or before 08/03/2023.
5. Evidence of witness of plaintiff – on or before 18/03/2023
6. Evidence of defendant - on or before 27/03/2023.
7. Cross examination of defendant – on or before 05/04/2023
8. Evidence of witness of defendant – on or before 13/04/2023
9. Written argument of both sides – on or before 21/04/2023
10. Oral argument – on or before 29/04/2023
Case is adjourned for filing list of witnesses to 10-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Pankaj Shah i/b MML Law associates for plaintiff is present.
None for defendant.
Exh.11 - Ld adv for plaintiff filed list of witnesses t.o.r. O- Seen. Copy be served to the other side.
Case is adjourned for R/E to 08-03-2023.
L.O. at 11.47 am
Adv. Ramesh Sahu for defendant is present.
Exh.12 - Ld adv for defendant filed list of witnesses t.o.r. O- Seen. Copy be served to the other side.
Case is already adjourned for R/E to 08-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Pankaj Shah for plaintiff present and sought time for filing evidence. O Time granted.
None for defendant.
Case is adjourned to 18.03.2023 for Recording Evidence.
LO 11.27 am.
Adv. Ramesh Sahu for defendant present.
Case is already adjourned to 18.03.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Sheetal I Kankodia for plaintiff present.
Adv. Ramesh Sahu for defendant present.
Exh.11 affidavit of examination of chief of plaintiff power of attorney holder namely Khushwant Renwat Devasi is filed. O- plaintiff power of attorney holder namely Khushwant Renwat Devasi is present before the court. He admits the contents of affidavit. Hence it is read and recorded.
Exh.12 List of document filed by plaintiff.
Exh.13 Certificate u/s 65 (b) of evidence act.
Copy of both documents served to defendant.
Exh.14 Application filed by adv for defendant for adjourning the matter on 27.03.2023. O- Heard. Perused contents of this application as per case management matter is already fixed on 27.03.2023. Hence matter cant be adjourned on 27.03.2023. This application is premature on. Party cant file application for adjournment of future date. Hence appllication rejected.
Case is adjourned to 27.03.2023 for marking of documents.
Next Purpose: FOR___________________
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Pankaj Shah i/b MMK Law Associates for plaintiff present.
Witness in person present.
None for defendant.
Adv. for defendant absent hence adjourned.
Case is adjourned to 05.04.2023 for recording evidence.
LO at 11.55 am
Adv. Ashwin Ranjne h/f Ramesh Sahu for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Pankaj Shah for plaintiff present.
None for defendant.
Ld adv for plaintiff submitted that last chance be given to defendant for cross-examination of the witness.
Case adjourned to 21.04.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. Pankaj Shah for plaintiff is present.
None for defendant.
KB L.O. at 11.58 am
Adv. Ramesh Sahu for defendant is present.
Heard both side on the marking of documents.
Case is adjourned for order on marking of document to 29-04-2023.
Next Purpose: ORDER
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv Pankaj Shah for plaintiff is present.
Adv. Ramesh Sahu for defendant is present.
On last date argument of both parties was heard on the point of marking documents. The plaintiff has filed document along-with Exh.12. The plaintiff has filed the original balance confirmation letter at Sr. No.1 of Exh.12. The said document is original one and there is reference of the said document in para no.7 of examination in chief. There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence. This document contain statement of facts and the truth of such facts is in issues and will have to be established. Now defendant can cross-examine the plaintiff witness and the Court will finally decide on the truth in the course of trial. Therefore, the document at Sr.No.01 is marked as Exh.15.
The plaintiff has filed copies of emails at Sr.No. 2 to 7 of Exh.12. These documents are emails. There is reference of the said documents in para no.9 of examination in chief. Moreover, the plaintiff also filed the certificate u/s 65(B) of Indian Evidence Act at Exh.13. There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence. Now defendant can cross-examine the plaintiff witness and the Court will finally decide on the truth in the course of trial. Therefore, the document at Sr.No.02 to 07 are marked as Exh.16 to 21.
The plaintiff has filed the original Power of Attorney at sr. no.08 of Exh.12. The said document is original one and there is reference of the said document in para no.01 of examination in chief. There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence. Therefore, the document at Sr. No. 08 is marked as Exh.22.
Ld adv for the defendant strongly objected for exhibiting the documents. He also argued that the documents were not proved by the plaintiff. Hence, they can not be admitted. In present case the documents are already taken on record. The objections regarding the admissibility can be taken on record. Exhibition of documents is administrative function. Mere exhibition of document cannot dispense with the proof of documents. Hence, there will be no prejudice to the defendant. Exhibiting or marking of a document after such formal proof is tendered does not, however, mean that the question of genuineness of the document is finally concluded in the trial. Therefore, I find no substance in the argument advanced by Ld adv for defendant that documents should not be marked as exhibit.
Case is adjourned for cross-examination to 19-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present for defendant.
kb at 4:30 Hrs.
Later on at 4:30 Hrs.
Exh.23- Evidence Closure pursis filed by advocate for plaintiff.
Evidence of PW-1 is recorded and concluded.
Matter adjourned to 05.07.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Defendant side called, but absent.
Defendant to lead evidence by next date without fail. Else, put for necessary order.
Matter adjourned to 12.07.2023 for evidence of defendant.
Later on at 14.00 Hrs.
Adv. Ramesh Sahu present for defendant.
Matter adjourned to 12.07.2023 for evidence of defendant (P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Exh.24- Application filed by defendant seeking soft copies of evidence on pendrive. O-Allowed.
Defendant to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 31.07.2023 for evidence of defendant(P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present with defendant.
Exh.25- Evidence affidavit of defendant witness Jayesh Sahal.
On on oral request of plaintiff, matter adjourned for cross-examination.
Matter adjourned to 28.08.2023 for cross-examination of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Plaintiff witness Jayesh Sahal present.
Adv. M. S. Khaire present for defendant.
Exh.25- Evidence Affidavit of defendant.
Exh.26-Letter of Authority Dt. 09.02.2023.
Exh.27-Resolution Dt. 09.02.2023.
Further cross-examination of defendant is recorded.
On oral request of plaintiff Matter is adjourned.
Matter adjourned to 12.09.2023 at 15.00 hrs. for further cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Exh.28 - Production of documents filed by plaintiff.
O - call say of other side.
Exh.29 - Citation filed by plaintiff
Matter adjourned to 19.10.2023 for reply of Exh.28 on oral request of both counsels.
Next Purpose: REPLY
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Renwat Devasi V/s Gammon India
Matter is not traceable.
Matter be traced out.
Adv. Bipin Mishra present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Exh.29 - Reply filed by defendant to plaintiff applications U/O VII rule 14(4) of CPC.
Case adjourned to 19.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Suit is not traceable
Suit be traced out.
Case adjourned to 31.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Renwat Badriramji Devasi Vs. Gammon India Ltd.
Adv. Pankaj Shah present for plaintiff.
Defendant side called, but absent.
Perusal shows that on 12.09.2023, plaintiff had preferred an application Exh.28 for production of doucmnets. He also filed citation at Exh.29.
On next date i.e. on 19.10.2023, defendant filed his reply which was also allotted exhibit mark as Exh.29.
It being an typographical error is corrected today.
Hence, the reply Dt. 19.10.2023, of defendant is corrected with Exhibit mark as Exh.30.
Later on at 11.24 Hrs.
Heard Adv. Pankaj Shah present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Suit adjourned for arguments of defendant on Exh.28.
Case adjourned to 09.02.2024 at 14.45 hrs for arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Renwat Devasi V/s Gammon India
Adv. Pankaj Shah present with plaintiff .
POA of plaintiff Khuswant Devasi present.
Adv. Ramesh Sahu present for defendant.
Paucity of time with Court. Suit adjourned to next date.
Suit adjourned to 27.02.2024 at 12.30 hrs for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Renwat Devasi V/s Gammon India
Adv. Pankaj Shah present for plaintiff.
Adv. S. M. Khaire along with Adv. Ramesh Sahu present for defendant.
Heard both sides on Exh.28.
Suit adjourned to 12.03.2024 for Order on Exh.28.
Next Purpose: ORDER
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: Renwat Devasi v/s Gammon India
All called, but absent.
Suit is not traceable
Suit be trace out.
Suit adjourned to 08.04.2024 for order on Exh.28.
Later on at 12.08 Hrs.
Adv. Ramesh Sahu present for defendant.
None present for defendant.
Suit adjourned to 08.04.2024 for order on Exh.28.
Next Purpose: ORDER
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Renwat Devasi V/s Gammon India
Adv. Ramesh Sahu present for plaintiff.
Through application at Exh. 28, the plaintiff had prayed for production of VAT Form under Income Tax Act regarding the goods sold by the plaintiff to the defendant during the period from 2011 to 2015. According to plaintiff, he had downloaded said form from the Government Portal of Tax Department. As the defendant is under cross examination, the plaintiff wants to confront the defendant with said document.
Through reply at Exh. 30, the defendant strongly opposed the application contending that, the documents were not pleaded by the plaintiff in the Plaint or were not filed during the evidence of plaintiff. At the belated stage, the plaintiff cannot be permitted to bring such documents on record.
Plaintiff has not given any explanation as to why the Forms were not filed at a prior point of time. However, considering the fact that, the plaintiff is coming with case that, said document pertains to the transaction between the plaintiff and defendant, then its production can be allowed.
The defendant will be at liberty to put up his defense through his explanation during the cross-examination.
Considering aforesaid facts and the delayed filing of the document, and for proper adjudication of the dispute, the application is allowed, but subject to costs. In given facts and circumstances, cost of Rs. 3,000/- (Rs. Three Thousand Only) would be just, legal and proper. Hence, following Order is passed -
ORDER
1. Application at Exh. 28 is allowed, subject to costs of Rs. 3,000/- (Rs. Three Thousand Only) to be paid to the defendant.
2. Considering the fact that, the Suit is filed in the year 2018, parties to expedite.
Suit adjourned to 28.06.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Bipin Mishra present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Defendant is seeking oral adjournment to take steps regarding evidence.
Plaintiff has given no objection.
Suit is of 2018. Parties to expedite.
Suit adjourned to 01.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Bipin Mishra present for plaintiff.
Defendant side called, but absent.
Defendant to take steps regarding evidence.
Suit adjourned to 03.09.2024 for evidence.
Later on at 13.10 Hrs.
Adv. Ramesh Sahoo present for defendant.
Suit adjourned to 03.09.2024 for evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. Pankaj Shah present for plaintiff.
Defendant side called, but absent.
Later on at 13.00 hrs.
Adv. Ramesh Sahu present for defendant.
Adv. Pankaj Shah present for plaintiff.
Defendant witness absent.
Defendant is seeking oral adjournment for medical reasons of the witness.
Not objected by plaintiff.
Suit adjourned to 25.09.2024 at 15.00 hrs for cross examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Adv. S. M. Khare and Adv. S. M. Sahu present for defendant.
Cross-Examination of Jayesh Sahal recorded.
Cross-examination of defendant - Over
Re-examination - Declined
Exh.31- Evidence closure pursis filed by defendant.
Suit adjourned to 09.10.2024 at 12.30 Hrs. for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Singh present for plaintiff.
Adv. Ramesh Sahu present for defendant.
Exh.32- Written arguments filed by plaintiff.
Defendant is seeking oral adjournment to file Written arguments.
Suit adjourned to 22.10.2024 at 12.30 Hrs. for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Later on at 12.48 Hrs.
Adv. Pankaj Shah present for plaintiff.
Adv. S M Khaire and Adv. Ramesh Sahu present for defendant.
Exh.33- Written arguments filed by defendant.
Heard both sides.
Arguments stands concluded.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 25.10.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Defendant side called, but absent.
Court is working as incharge Court of Court Room No.14 and Court Room No.32.
Paucity of time with Court.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 16.11.2024 for Judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Adv. Pankaj Shah present for plaintiff.
Defendant side called, but absent.
Later on at 12.40 Hrs.
Adv. Ramesh Sahu present for defendant.
Court is working as incharge Court for Court Room No.14 and Court Room No.32.
Court busy in recording evidence in Commercial Suit No. 100571 / 2024.
Court busy in dication Order in Notice of Motion No. 104193 / 2024 and Judgment in Commercial Suit No. 100813 / 2022.
Court busy in Mediation.
Paucity of time with Court.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 21.11.2024 for Judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Later on at 12.07 Hrs.
Adv. Ramesh Sahu present for defendant.
Paucity of time with Court.
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 22.11.2024 for Judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Paucity of time with Court.
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 28.11.2024 for Judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Renwat Badriramji Devasi Vs Gammon India Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Stenographer on leave.
Suit adjourned to 05.12.2024 for judgment.
Later on at 13.43 Hrs.
Adv. Ramesh Sahu present for defendant.
Suit adjourned to 05.12.2024 for judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Adv Ramesh Sahu for plaintiff present.
Paucity of time with the court.
Suit adjourned to 6.12.2024 for Judgment
Next Purpose: JUDGMENT
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Later on at 16.00 hrs
Adv Sahu for defendant present.
FRSR following order is passed :
ORDER
1. Commercial Suit No. 100706 / 2021, Renwat Badriramji Devasi Vs. Gammon India Limited, is dismissed with costs.
2. Decree be drawn up accordingly.
3. Judgment pronounced in Open Court.
4. Plaintiff be informed about its right to challenge this Judgment and period of limitation.
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: 06-12-2024