Date: 13-08-2019
Business: Adv. Ramesh Jain for plaintiff present.
Defendant (In-person) present.
Ld. counsel for plaintiff filed registered NM No.2818/19 alongwith affidavit. TOR.
Exh.2 Adjournment application filed by defendant (In-person). TOR. ORDER By way of this application defendant is seeking time to file reply to NM. On last date Ld. Advocate for defendant was present. Ld. Counsel for plaintiff has objected the adjournment on the ground that today defendant was supposed to file reply to NM. No doubt on last date copy of NM was given to Ld. Counsel for defendant. Considering the submission time is granted to defendant to file reply on NM on condition not to disposed off, sale or create third party interest regarding Flat No.204, White House, Building No.3, S.G. Bharve Marg, Buddha Colony, Kurla (West), Mumbai till next date.
Matter adjd for NM reply on 11/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Defendant has not filed reply to NM.
Earlier order dt.13/08/2019 to continue till further order.
Matter adjd for NM reply by defendant on 07/10/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: None present for plaintiff.
Adv. Asif Hussain for defendant present.
Ld. counsel for defendant filed reply to NM. TOR.
Exh.3 WS filed by defendant. TOR.
Exh.4 Notice by defendant to plaintiff to produce documents. TOR. Plaintiff to file say.
Till 03.50 pm no body appeared for plaintiff. In view of absence of plaintiff the interim order is not continued.
Matter adjd for say on Exh.4 and NM hearing on 14/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: By Praecipe
Adv. Ramesh Jain for plaintiff present.
Exh.5 Application by plaintiff for extension ad-interim order dt.13.08.2019. TOR.
ORDER Considering the urgency issue notice to defendant as to why this application should not be allowed returnable on 24.10.2019.
Matter adjd for reply of Exh.5 on 24/10/2019.
Next Purpose: REPLY
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Ashif Hussain for defendant present.
Ld. counsel for plaintiff / applicant filed service affidavit. TOR. As per service affidavit notice is duly served on defendant and Ld. Counsel for defendant.
Exh.5-A Reply filed by defendant to Exh.5. TOR.
Matter adjd for argument on 04/11/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Shraddha Chourasiya for defendant present.
Ld. counsel for defendant prayed for time to argue the matter. Ld. Counsel for plaintiff objected for adjournment. Considering the circumstances time is granted subject to maintaining status-quo by the parties.
Matter adjd for argument on 14/11/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Ramesh Jain for plaintiff present.
Defendant (In-person) present. His advocate is absent.
Interim order to continue till next date.
Matter adjd for argument on 13/12/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: H.H.J. is on training
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2020
Date: 13-12-2019
Business: H.H.J. is on training
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present.
Kb.
Later on at 3.05pm.
Adv. Ramesh Jain for plaintiff present.
Adv. Shraddha Chaurasiya for deft present.
On the request of Ld. Advocate for deft matter is adjourned for NM hearing.
Earlier order is continued till next date.
Both advocates submitted that another matter is pending in city civil court between the same parties on 18/02/2020. Hence matter is adjourned.
Matter adjd for NM Hearing on 18/02/2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: None present.
KB. L.O. 1.17 pm
Adv Ramesh Jain for plaintiff present.
He submits that matter be kept back till 3.30 pm as he has to appear before the Hon\''ble High Court. Hence matter is kept back.
L.O. at 3.16 pm.
Adv Ashish Hussain for defendant present.
Heard Ld adv for defendant in Application Ex.04. He relied upto sec 24 and 28 of Maharashtra Money Lending (Regulation) Act, 2014.
L.O. at 3.54 pm
Ld Adv for plaintiff seeks time to file reply and argue Ex.04.
Plaintiff to serve copy of reply in advance to defendant advocate, if possible.
Earlier interim order if any is continued till next date.
Matter adjd for filing reply and hearing to Ex.04 to 19-03-2020 at 11.00 am.
Next Purpose: REPLY
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Earlier order, if any, is continued till next date.
Adjourned for NM hearing to 07.04.2020.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Earlier order, if any, is continued till next date.
Adjourned for NM hearing to 07.04.2020.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 05-10-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for Reply to 22.10.2020.
Judge
Next Purpose: REPLY
Next Hearing Date: 22-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for Reply to 22.10.2020.
Judge
Next Purpose: REPLY
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: As Court is on leave
Next Purpose: REPLY
Next Hearing Date: 07-11-2020
Date: 22-10-2020
Business: As Court is on leave
Next Purpose: REPLY
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Both parties and their Advocates are absent when called out.
Earlier order if any, to continue till next date.
Adjourned for Chamber summons on 26.11.2020.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 07-11-2020
Business: Both parties and their Advocates are absent when called out.
Earlier order if any, to continue till next date.
Adjourned for Chamber summons on 26.11.2020.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 26-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM reply to 11.01.2021.
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 10-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM reply to 11.01.2021.
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 28-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Ramesh Jain for plaintiff submits that despite order of ad-interim injunction, defendant has sold the suit property and violated order of this court. It is prayed for adjournment to file contempt motion.
None for defendant.
Earlier order if any, to continue till next date.
Matter is adjd.to 12-02-2021 for Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-02-2021
Date: 28-01-2021
Date: 12-02-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, tendered draft NM, Leave is granted from registration.
None for defendant.
Earlier order if any, to continue till next date.
Matter is adjd.to 25.02.2021 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2021
Date: 12-02-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, tendered draft NM, Leave is granted from registration.
None for defendant.
Earlier order if any, to continue till next date.
Matter is adjd.to 25.02.2021 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, tendered registered NM no. 509/21, Copy is served on ld. adv. for deft. by RPAD.
None for defendant, there is no reply submitted by deft. on NM no. 509/21. NM to proceed without reply.
Earlier order if any, to continue till next date.
Matter is adjd.to 18.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021
Date: 25-02-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, tendered registered NM no. 509/21, Copy is served on ld. adv. for deft. by RPAD.
None for defendant, there is no reply submitted by deft. on NM no. 509/21. NM to proceed without reply.
Earlier order if any, to continue till next date.
Matter is adjd.to 18.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Mr. Ramesh Jain for plaintiff present.
None for defendant.
Exh.6- Plff has submitted service affidavit- Notice of NM no. 509/21 is served by RPAD. Deft is absent.
Heard argument of adv. Mr. Jain for plff.
F.R.S.R the following order is passed on NM no. 509/2021
ORDER
1. Notice of Motion no. 509/21 is partly allowed.
2. For violating order of this court dtd. 13.08.2019, defence of deft. is struck out. The property Flat No.204, White House, Building no. 3, S.G. Bharve Marg, Buddha Colony, Kurla (W), Mumbai- 400070 is hereby attached till result in present suit.
3. As written statement by deft. is on record, plff. to submit draft issues and may insist the court for expedite hearing.
4. NM no. 509/21 is disposed off.
5. In view of aforesaid order NM no. 2818/19 is filed and disposed off.
Matter is adjd.to 08.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Exh. 6 -statement of truth submitted by plaintiff.
Exh. 7 - Evidence affidavit of PW-1 Jaiprakash Arun Gupta.
Exh.8 - List of documents submitted by plaintiff.
In view of evidence affidavit of PW-1 ,documents marked as follows
Exh.9 - Money Lending License.
Exh.10 -Original Demand Promissory Note dtd 08.06.2018.
Exh.11 - Copy of form No.10 of Money Lenders Act.
Exh.12 Office/ Carbon copy of the Demand Notice dtd 20.05.2019.
Exh.13- Original Courier receipt.
Exh.14 - Defendant Advocate Letter dtd 17.05.2019.
Exh.15 - Registrar Maintain for inspection by plaintiff.
Exh.16 - Books of Accounts (Cash Book)
Exh.17- Books of Accounts (Ledger Book)
Matter is adjd.to 29.04.2021 for hearing (P/H)
Next Purpose: HEARING
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 08.07.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv. Mr. Ramesh Jain for Plff present.
None present for Deft.
Ld. Counsel Shri Ramesh Jain submitted that defence of the defendant is struck out as per order in N/m No. 509/2021 and the plaintiff filed evidence affidavit (Exh.7) alongwith documents as mentioned in roznama. According to him, issues are not required to be framed because defence is already struck out. Considering his submission and development taken place on previous date i.e. 08/04/2021 by way of recording the evidence of the plaintiff, matter is fixed for further evidence of the plaintiff.
Matter is adjd.to 12.08.2021 for rec/evi.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant
Adv. Ramesh Jain submitted that NM No. 509/21 is partly allowed and defense of the defendant was struck out. He further submitted that the plaintiff adduced evidence and proved documents. He prayed for no cross-examination order against the defendant.
Considering this submission, as a fair opportunity to the defendant, no cross-examination order is not passed today and matter is adjourned for no cross-examination order.
Matter is adjd.to 03-09-2021 for no cross-examination
order
Next Purpose: ORDER
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Priti Tare for plaintiff present and submitted that settlement talks going on and therefore, matter be kept before National Lok-Adalat which is going to be held on 25-09-2021 and she is ready to inform the date of National Lok-Adalat to the defendant. Hence, matter be kept before National Lok-Adalat.
None for defendant
Matter is adjd.to 25-09-2021 for Lok -adalat.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: (NOB TOB) (By Preceipe)
Matter is not before court it is sent to certify copy department.
Adv. S. S. Mishra for 3rd Party Ayub Ismail Mulla present and tendered Chamber Summons with supporting affidavit for amendment of the plaint under order 1 rule 10 of the C.P.C. for adding him as a party t.o.r. Leave is granted to register the C/S.
Original C/S with affidavit is returned to Adv. S. S. Mishra for registration.
Matter is adjd.to 25-09-2021 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 25-09-2021
Date: 25-09-2021
Business: Matter pertaining to C.R. No.31
Plff and deft both are present.
Matter Adjd to 24/11/2021
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Yash Mishra for defendant present and submitted that he would file vakalatnama on the next date of hearing.
Adv. S. H. Mishra for applicant in C/S NO. 1092/21 present and filed registered C/S No. 1092/21 with supporting affidavit t.o.r.
Adv. Ramesh Jain and Adv. Yash Mishra submitted that they have received copy of C/S No. 1092/21.
Matter is adjd.to 14-12-2021 for C/S Reply. (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None for plaintiff.
Adv. Pooja Mishra for defendant present.
Adv. Dinesh R. Pande for applicant in C/S No. 1092/21 present.
Matter is adjd.to 10-02-2022 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Vaishali Chavan for plaintiff present.
Adv. Puja Misha for defendant present.
Adv. Dinesh Pande alongwith applicant in C/S No. 1092/21 present.
Matter is adjd.to 10-03-2022 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment - short date be given.
Adv. Yash Mishra for defendant present and submitted that he did not receive the copy of C/S.
Adv. D.R. Pande is directed to provide copy of C/S to the defendant.
Adv. D. R. Pande for applicant in C/S present.
Matter is adjd.to 31-03-2022 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Yash Mishra for defendant present and prayed for adjournment - short date be given as a last chance for filing C/S Reply.
Adv. D. R. Pande alongwith applicant in C/S present.
Matter is adjd.to 08-04-2022 for C/S Reply. (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Yash Mishra for defendant present and filed affidavit in reply in C/S No. 1092/21
Adv. D. R. Pandey along with applicant present and received copy of affidavit in reply in C/S No. 1092/21
Adv. Yash Mishra for defendant placed on record copy of affidavit in reply in C/S No. 1092/21 for plaintiff.
Matter is adjd.to 26-04-2022 for C/S Reply by plaintiff
C/S Hrg. (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Yash Mishra for defendant present.
Matter is adjd.to 15-06-2022 for C/S Reply by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Applicant in chamber summons present.
Adv. D. R. Pandey for plaintiff present.
None for defendant.
Adv. for plaintiff tendered affidavit in rejoinder to Chs no. 1092/21
Adjd for Chs hearing to 28/06/2022
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: None for plaintiff present.
Adv. Dinesh R. Pandey with applicant present.
Adv. Pooja Mishra for defendant present.
Ld. Adv. for defendant sought time - time granted.
Adjd. to 23.08.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Dinesh pandey for applicant in chamber summons no. 1092/21 present.
None for defendant when called.
Addjd for Chs hearing to 25/08/2022
L. O
Adv. Rajesh Patil undertakes to file vakalatnama for plaintiff on next date.
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Dinesh Pandey for applicant in Chs No. 1092/21 present.
Exh-20 Adv. Ravikant Purohit filed vakalatnama for defendant. O- Filed.
Exh-21 Adv. Rajesh Patil filed vakalantama on behalf of plaintiff. O- Filed
Adv. for plaintiff sought time to file reply to chamber summons. I also gone through roznama, it appears that defendant placed on record the copy of affidavit in reply to chamber summons. The plaintiff did not get opportunity therefore matter be kept for filing reply to chamber summons by plaintiff.
Adv. for plaintiff to tender copy of reply in advance to other sides.
Adjd for Chs reply/Chs hearing to 16/09/2022
Next Purpose: C/S HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Dinesh Pandey for applicant in chamber summons No. 1092/21 present.
Adv. Ravikant Purohit for defendant present.
I have gone through record and proceeding. The Chs was filed by applicant on 17.09.2021 Sufficient opportunity already given to plaintiff to file reply to said Chs. On last date Plaintiff filed vakalatnama. However he has not filed reply to Chamber summons. Hence chamber summons No. 1092/21 to proceed without reply of plaintiff.
Adjd for Chs arguments to 17/11/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Dinesh Pandey applicant in chamber summons present.
Adv. Pooja Mishra for defendant present.
Adv. for plaintiff sought time to take out notice of motion for setting aside order of no reply.
Adjd for CS arguments/steps by plaintiff to 16/12/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Ravikant More for defendant present.
Adv. D. R. Pandey for applicant in CS No. 1092/21
Adv. for plaintiff tendered draft NM along with affidavit in support. O- Leave granted to register NM.
Adv. for plaintiff also tendered affidavit in reply to CS no. 1092/21. Taken on record subject to decision in NM.
Copy of NM is served to other side.
Adjd for NM reply/CS hearing to 12/01/2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv Rajesh Patil for plaintiff is present.
Adv D.R. Pandey for applicant is present.
Ld adv for plaintiff tendered registered original NM no. 4982/22 in Ch/s no. 1092/21 t.o.r.
ld adv for applicant submitted that he will file NM reply on next date.
KB L.O. at 2.57 pm
Adv Ravikant Purohit for defendant is present.
Case is adjourned for NM reply to 21-01-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Priyanka Ruptakke h/f Adv Rajesh Patil for plaintiff is present.
Adv. D.R. Pandey for applicant is present and filed reply on NM no. 4982/22 t.o.r. O- R and R.
Adv. Ravikant Purohit for defendant is present.
Copy is served to the other sides.
Case is adjourned for NM hearing to 20-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. D.R. Pandey for applicant in Chamber Summons is present.
None for defendant.
KB L.O. at 3.11 pm
Adv. Ravikant Purohit for defendant is present.
Plaintiff served copy of reply on CS to the adv for applicant today in the Court.
Heard argument of ld adv for plaintiff, ld adv for applicant and ld adv for defendant on NM.
Case is adjourned for NM order and CS hearing to 28-02-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. D.R. Pandy for applicant is present and affidavit in rejoinder to the reply of plaintiff of CS t.o.r. O- R and R.
Copy be served to the other side.
F.R.S.R. following order is passed in Notice of Motion No. 4982 of 2022-
ORDER
1. The Notice of Motion No. 4982 of 2022 in Commercial Suit No. 54 of 2019 is allowed, subject to cost of Rs. 2,000/- (Rs. Two Thousand Only) to be paid to the applicant.
2. The delay caused in filing reply to the Chamber Summons by the plaintiff is condoned.
3. No reply order dated 07.10.2022 is set aside.
4. The proceeding of Notice of Motion No. 4982 of 2022 is closed.
Case is adjourned for compliance to 24-03-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: None present.
Defendant directed to comply the order passed by this court in N.M. no.4982/2022.
Case is adjourned 28.04.2023 for compliance.
L. O.
Adv. Dinesh Pandey for applicant present.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Ravikant Purohit for defendant is present.
Adv. Dinesh Pandey for applicant in CS is present.
Applicant is present.
Cost of Rs.2,000/- paid by plaintiff to the applicant. Hence, reply to CS is taken on record.
Case is adjourned for CS hearing to 17-06-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: P. O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: aiprakash Arun Gupta Vs Mohammad Jahangir Masood Shaikh
Adv. Rajesh Patil present for plaintiff.
Adv. Ravikant Purohit present for defendant.
Adv. D. R Pande for applicant in Chamber Summons.
Exh.22 Chamber Summons No.1092/2021 (Exhibit marked today)
Exh.23 Affidavit in support of Chamber Summons No.1092/2021 (Exhibit marked today)
Exh.24 Reply filed by defendant on Chamber Summons No.1092/2021 (Exhibit marked today)
Exh.25 Rejoinder filed by applicant on reply filed by defendant (Exhibit marked today)
Exh.26 Reply filed by plaintiff on Chamber Summons No.1092/2021 (Exhibit marked today)
Exh.27 Rejoinder filed by applicant on reply filed by plaintiff (Exhibit marked today)
Adjourned to 05.08.2023 for CHS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Jaiprakash Gupta vs. Mohammad Masood Shaikh.
Adv. Rajesh Patil present for plaintiff.
Adv. Dinesh Dubey present for applicant in Chamber Summons.
None for defendant.
KB LO at 17.14
Adv. Ravikant Purohit present for defendant.
Parties to file written argument on next date.
Matter adjourned to 08-09-2023 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Jaiprakash Arun Gupta Vs Mohammad Jahangir Masood Shaikh
Plaintiff side called, but absent.
Adv. Dinesh Dubey present for applicant.(Intervenor)
Adv. Purohit present for defendant.
Exh.28 Written argument filed by applicant.
Exh.29 written argument filed by defendant.
Plaintiff to take steps regarding argument else put for necessary order.
KB.
LO
Adv. Rajesh Patil present for plaintiff.
On oral request of plaintiff matter adjourned to 14.09.2023 for argument of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Jaiprakash Arun Gupta Vs Mohammad Jahangir
All called, but absent.
Matter adjourned to 30.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: aiprakash Gupta Vs Mohammad Masood Shaikh
Adv. Rajesh Patil present for plaintiff.
Adv. R. S. Dubey present for applicant.
Defendant side called, but absent.
There is reference of previous suit and Execution.
Parties to file proper documents relating to previous suit and execution.
Matter adjourned to 13.10.2023 for production of documents.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Jaiprakash Gupta V/s Mohammad Shaikh
Adv. Rajesh Patil present for plaintiff.
Adv. Ravikant Purohit present for defendant.
Adv. D. R. Pande present for applicant.
Applicant - 3rd party and defendant have field their written submissions.
Plaintiff to file his written argument by next date.
Matter adjourned to 30.11.2023 for written arguments of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Jaisprakash Gupta V/s Mohd. Shaikh
Adv. Rajesh Patil present for plaintiff.
Adv. D. R. Pandey present for Applicant in Chamber Summons No. 1092/2021.
Exh.30 - Pursis filed by applicant for typographical mistake.
Defendant side called, but absent.
Heard both sides.
Case adjourned to 01.12.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Jaiprakash Gupta V/s Mohd. Shaikh
All called, but absent.
FRSR following order is passed in Ch/s 1092 / 2021-
ORDER
1. Chamber Summons No. 101092 of 2021, is allowed.
2. Applicant Ayub Ismail Mulla is permitted to be added as defendant No. 2 in the present Suit.
3. Within 30 days from the date of this Order, plaintiff shall carry necessary amendment in the present Suit, regarding addition of applicant Ayub Ismail Mulla as defendant No. 2.
4. Plaintiff shall also supply all the documents of the Suit, to proposed defendant No. 2.
5. Proceeding of Chamber Summons No. 101092 / 2021 is closed. Record of Chamber Summons shall be part of Commercial Suit No. 100054 / 2019.
6. Parties be informed about their right to challenge this Order and period of limitation for it.
7. Order pronounced in Open Court.
Case adjourned to 05.01.2024 for arguments on Summons for Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Jaiprakash Gupta V/s Mohammad Jahangir Shaikh
Plaintiff side called, but absent.
Adv. Habib Ansari present for defendant No.2.
Exh.31- Vakilpatra of defendant No.2.
Plaintiff to comply order dt. 01.12.2023.
Case adjourned to 04.03.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Jaiprakash Gupta V/s Mohd. Jahangir Masood Sahikh
Plaintiff side called, but absent.
Adv. Habib Ansari present with defendant No.2 Ayub Mulla.
Suit is filed on 18.07.2019.
Plaintiff to take steps. Else, put for dismissal Order.
Suit adjourned to 16.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Jaiprakash Gupta v/s Mohd. Jahangir Shaikh
Adv. Rajesh Patil present for plaintiff.
Adv. Habib Ansari present with defendant No.2 / Ayub Mulla.
Exh.32 - Adjournment application filed by plaintiff for seeking extension of time to carry out amendment.
Perusal shows that, Chamber Summons was allowed on 01.12.2023, wherein plaintiff was directed to add Ayub Mulla as defendant No.2. Till date plaintiff has not complied the Order Dt. 01.12.2023.
O - Adjournment is allowed as last opportunity
Plaintiff to take appropriate steps.
Suit adjourned to 20.06.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Jaiprakash Gupta V/s Mohd. Jahangir Shaikh
Adv. Ms. Mamta Panigrahi present for plaintiff.
Adv. Habib Ansari present with defendant No. 2 Ayub Mulla.
Perused roznama Dt. 16.03.2024.
Parties to comply the same.
Suit adjourned to 22.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Jaiprakash Arun Gupta Vs Mohammad Jahangir Masood
Adv. Mamta Panigrahi present for plaintiff.
Plaintiff Jayprakash Gupta present.
Defendant no.1 called, but absent.
Adv. Habib Ansari present for defendant no.2.
Defendant no.2 Ayub present.
Exh.32- Application filed by plaintiff seeking time to comply Order dt. 01.12.2023 regarding amendment.
Defendant no.2 to file reply.
Suit adjourned to 10.09.2024 for reply on Exh.32.
Next Purpose: REPLY
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Jaiprakash Arun Gupta Vs Mohammad Jahangir Masood
Adv. Mamta Panigrahi present for plaintiff.
Adv. Habib Ansari present for defendant no.2.
Defendant no.2 Ayub Ismail Mulla present.
Defendant no.2 is seeking oral adjournment.
Not objected by plaintiff.
Parties to take appropriate steps.
Suit adjourned to 18.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Jaiprakash Arun Gupta Vs Mohammad Jahangir Masood
Adv. Mamta Panigrahi present for plaintiff.
Adv. Habib Ansari present for defendant no.2.
Exh.33- Reply filed by defendant no.2
Parties to argue the pending application.
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 22.01.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Matter pertains to Court Room No.31.
Plaintiff Jaiprakash Gupta present.
Adv. Mamta Panigrahi for plaintiff present.
Adv. Vijayaprakash Yadav present through VC for proposed defendant.
Applicant Ayub Ismail Mulla present.
On oral request of advocate for plaintiff suit adjourned to 17.02.2025.
Suit adjourned to 17.02.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: Adv. Mamta Panigrahi for plaintiff present.
Adv. Habib Ansari for proposed defendant no.2 present.
KB Later on at 12.50 pm
Adv. Ashwin Bhagwat for plff present.
Same appearannce for proposed defendant No.2 present.
Defendant No.2 Ayub Mulla is present.
KB
Later on at 3.00 pm
None present for plff and defendant.
Matter stands Adj for taking further steps as per previous roznama order on 27-02-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Adv. Mamta Panigrahi for plaintiff present.
Adv. Vijayprakash Yadav for proposed defendant/applicant present.
Adv for the plaintiff not pressed the application (Exh.32) filed on 22.08.2024.
Say given by Ld advocate for the proposed deft/applicant on overleaf of application
Order
The Ld advocate for the plaintiff wants to withdraw the application (Exh.32) filed by the plaintiff on 22.08.2024 with liberty to file appropriate proceeding.
The proposed defendant filed say on the overleaf and strongly opposed the withdrawal of this application and also stated that the suit may be dismissed due to non compliance of order dated 01.12.2023 on Chamber Summons 1092/2021.
After perusing say and hearing both sides, the plff is allowed to withdraw the application (Exh.32). Plaintiff is at liberty to file appropriate proceeding in according with law and subject to law of limitation. Exh.32 dated 22.08.2024 stands disposed off as withdrawn.
Matter stands Adj for appropriate steps/necessary order on 17-04-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Adv. Mamta Panigrahi for plaintiff present.
Adv. Vijayprakash Yadav for proposed defendant/applicant present.
Plaintiff - Jaiprakash Gupta is present.
Proposed defendant - Ayub Ismail Mulla is present.
Adv for the plaintiff filed draft Chamber Summons along with affidavit in support. TOR.
O. Leave is granted to register the same.
Matter stands Adj for reply on Ch/Sum on 16-06-2025.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: Matter pertains to C.R. No.31.
Adv. Mamta Panda for plaintiff present.
Adv. Ansari for proposed defendant no.2 present.
Adv. for plaintiff tendered registered chamber summons no. 1051/2025 alongwith affidavit in support. t.o.r.
Matter stands Adj to 18.07.2025 for service of chamber summons / reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2025
Date: 18-07-2025
Business: Adv. Mamta Panigrahi for plaintiff present.
Adv. Dinesh Jain for defendant present.
Adv. Habib Ansari for proposed defendant No.2 present.
Proposed defendant No.2 Ayub Mulla is present.
Exh.34 Advocate for proposed defendants No.2 filed reply on Ch/Sum No.10251/2025
Copy served on other side.
Matter stands Adj to 22-09-2025 for hearing on Ch/Sum.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 22-09-2025
Date: 22-09-2025
Business: Adv. Mamta Panigrahi for plaintiff present in court hall.
Adv. Dinesh Jain for plaintiff present through VC.
Adv. Habib Ansari for proposed defendant No.2 present.
Proposed defendant No.2 Ayub Mulla is present.
Plaintiff want to file rejoinder to the reply filed by proposed defendant No.2 on chamber summons. Time is granted with a direction that its copy shall be served on other side.
Matter stands Adj to 29-10-2025 for filing rejoinder/ argument on Ch/sum.
Next Purpose: REJOINDER
Next Hearing Date: 29-10-2025
Date: 29-10-2025
Business: Adv. Dinesh Jain a/w Adv. Mamta Panigrahi for plaintiff present.
Adv. Habib Ansari for proposed defendant present.
Exh.35 Advocate for plaintiff filed rejoinder to Ch/Sum 1051/2025.
Copy be served on other side.
Matter stands Adj to 11-11-2025 for argument on Ch/Sum.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: Adv. Dinesh Jain for plaintiff present.
Plaintiff - Jayprakash Gupta is present.
Adv. Habib Ansari for proposed defendant No.2 present.
Proposed defendant No.2 Ayub Ismail Mulla is present.
Heard both side on Ch/Sum No.1051/2025.
Matter stands Adj to 12-11-2025 for order on Ch/Sum.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: None present for plaintiff.
None present for defendant.
FRSR following order is passed on Ch/Sum 1051/2025.
ORDER
1. Chamber Summons No. 1051/2025 is allowed, subject to cost of Rs.10,000/- (Rs. Ten Thousand Only).
2. Plaintiff is permitted to carry out amendment as prayed for within two weeks and shall supply copy of amended plaint.
3. Plaintiff shall pay cost of Rs. 10,000/- to proposed defendant no. 2 within two weeks and shall file compliance pursis.
4. Chamber Summons No. 1051/2025 is disposed off accordingly.
5. Order is dictated and pronounced in Open Court.
6. Record of Chamber Summons No. 1051/2025 shall form part of Commercial Suit No. 54/2019.
Matter stands Adj to 15-12-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2025
Date: 25-11-2025
Business: (By precipe)
Adv. H. M. Singh for plaintiff present.
Exh.35 Application for taking the matter on today's board.
O. Allowed.
Exh.36 Application for extension of time to comply order dated 12.11.2025. O-Allowed, two weeks time is granted.
Matter already Adj to 15-12-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: (By precipe)
Adv. H. M. Singh for plaintiff present.
Exh.37 Application for taking the matter on today's board.
O. Allowed.
Exh.38 Application for extension of time to carry out amendment.
O. Allowed. Time is extended as per rules.
Matter already Adj to 15-12-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2025
Date: 15-12-2025
Business: Adv. Mamta Panigrahi for plaintiff present through VC.
Adv. Habib Ansari for defendant No.2 present.
Defendant No.2 Ayub Ismail Mulla is present.
Plaintiff carried out amendment. Defendant No.2 received costs Rs.10,000/-. Plaintiff yet not tendered copy of amended plaint.
Advocate for plaintiff undertake to serve defendant No.2 with copy of plaint and all the documents on record. In addition, plaintiff is directed to file service affidavit on record.
Matter stands Adj to 23-01-2026 for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Adv. Dinesh Jain for plaintiff present.
Adv. Habib Ansari for defendant No.2 present.
Defendant No.2 Ayub Mulla is present.
Plaintiff is directed to serve copy of plaint, documents, interim application if any on newly added defendant and shall file service affidavit on record.
Matter stands Adj to 12-03-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: Adv. H. M. Singh for plaintiff present.
Plaintiff Mr. Jaiprakash Gupta is present.
Adv. Habib Ansari for defendant No.2 present.
Defendant No.2 Ayub Mulla is present.
Advocate for defendant No.2 submit that though defendant No.2 impleaded on 13.11.2025 till copy of plaint and all the annexures are not served. Plaintiff was directed on previous date to serve the copy of plaint and all the documents with interim application, if any. However, copies are not supplied till this date.
On previous occasion there was delay on part of plaintiff to carry out the amendment and costs Rs.10,000/- was imposed. Its a suit of year 2019. Though at behest of plaintiff defendant No.2 is arrayed in the suit but plaintiff is not diligent while complying the direction of this Court about providing copies of plaint etc to defendant No.2.
Later on at 01.00 pm
Adv. Dinesh Jain for plaintiff present through VC.
Rest of the appearance is same as recorded above.
Ld. Advocate for plaintiff submit that he is the third advocate who filed VP on behalf of plaintiff. Plaintiff is not aware exactly which document defendant No.2 want. Advocate for plaintiff submit that plaintiff served copy of plaint and documents to defendant No.2. However, advocate for defendant No.2 submit that copy of plaint only is served on defendant No.2.
In such circumstances, Ld. Advocate for defendant No.2 is directed to go through the record and submit list of documents, copies of which he want from plaintiff.
Matter stands Adj to 18-04-2026 for filing list of documents by defendant No.2.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: None present for plaintiff.
Adv. Ritika Yadav h/f Adv. Habib Ansari for defendant No.2 present.
Defendant No.2 Mr. Ayub Mulla is present.
Advocate for defendant No.2 submit that yet defendant No.2 has not received copies of all the documents from plaintiff. Ld. Advocate for plaintiff is directed to serve copies of documents annexed with plaint on defendant No.2.
Matter stands Adj to 08-06-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Adv. Dinesh Jain for plaintiff present through VC.
Adv. Habib Ansari for defendant No.2 present and filed an application seeking directions to direct plaintiff to furnish the copies of documents shown in Sr. No.7. TOR as marked as Exh.39.
O- The documents at Exh.6 to 17 were already marked exhibit on 08.04.2021. Hence, Advocate Jain is directed to serve the copies of same to defendant No.2 by next date without fail. As far as the furnishing of copies of NM 2818/2019 and 509/2021, the defendant No.2 is at liberty to get the certified copies. If compliance is not made on next date, appropriate order will be passed.
Defendant No.2 Ayub Mulla is present.
Matter stands Adj to 15-06-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2026
Date: 15-06-2026
Business: Adv. Priyansh Jain i/b Adv. Dinesh Jain for plaintiff present through VC.
Defendant No.2 Ayub Mulla is present.
Adv. Habib Ansari for defendant No.2 present and submitted that compliance by plaintiff was made on 11.06.2026 by email and seeks time to file WS. O- Time granted as last chance.
Matter stands Adj to 27-07-2026 for filing WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: Adv. Priyanshu Jain for plaintiff present through VC.
Adv. Raju R. Pathak for defendant no.2 present and filed Written Statement alongwith memo of address and list of documents. TOR and marked as Exhibit -40. The Written Statement is read and recorded.
Copy for other side filing Court.
Defendant no. 2 present.
Matter stands Adj to 03-09-2026 for inspection of documents.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: Adv Dinesh Jain for plaintiff is present through VC.
Matter stands Adj to 13-10-2026 for inspection of documents.
Later on at 12.38 pm
Adv Vijayprakash Yadav for defendant No.2 is present.
Matter stands Adj to 13-10-2026 for inspection of documents.
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2026