Date: 04-12-2019
Business: Adv. Pathak for plaintiff present and seeks leave to serve fresh writ of summons. O-Issue fresh Writ of summons.
Matter stands Adj for service of writ of summons to 06.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Plaintiff through adv. Upadhyay for plaintiff present.
Defendant no. 2 present.
Adv. Ashish Singh for defendant no. 2 present and filed VP and WS. Copy served on other side.
Vakalatnama filed on behalf of defendant no .2.
Written statement filed on behalf of defendant no. 2. TOR.
Heard Ld. counsel for plaintiff. He submitted that defendant no. 1 is already served, but report is awaited and seeks time to file affidavit of service. Time granted.
Matter stands Adj for filing affidavit of service to 10.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Called out at. 11.30 am
Adv. Bipin Pathak for plaintiff present and seeks time to file affidavit of service. Time granted.
Defendant no. 2 present.
Adv. R. C. Singh for defendant no. 2 present and filed application for dismissal of the suit.
Application filed on behalf of defendant no. 2 for dismissal of suit. O-other side to say.
Matter stands Adj for filing reply to Ex-4 on 12.03.2020.
Next Purpose: REPLY
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Called out at 11.50 am
Adv. Vipin Pathak for plaintiff present and filed say on Ex-4.
Defendant no. 1 absent.
Defendant no. 2 present.
Adv. Ashish Singh for defendant no. 2 present.
Heard both sides on Exh. 4. The application is filed for dismissal of the suit on the ground that proper court fees are not paid. The plaintiff has submitted the say on the application itself and pointed out that plaintiff has paid the requisite court fees and also there is necessary endorsement on the last page of the plaint by the office giving details of the court fees paid, as per the said endorsement plaintiff has paid court fees of Rs. 1,11,630/-.
In view of the above, I do not find any substance in the application at Exh. 4 and it is rejected.
Ld. counsel for plaintiff filed the original summons with the bailiff report dated 24.02.2020 stating that the defendant no. 1 was not found at the address, but defendant no. 2 was present. However, she refused to accept the writ of summons. Therefore, the duplicate copy of summons was affixed on the conspicuous part of the outer door of the premises and the writ of summons could not be served on defendant no. 1 as he was not available.
In view of the above report, defendant no. 2 is deemed to be served and present before the court with counsel. Hence, issue fresh writ of summons against defendant no. 1 through RPAD.
Matter stands Adj for service of writ of summons on defendant no. 1 to 09.04.2020.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: SERVICE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 17/10/2020 for service
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 25/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 18.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv.Piyank Shukla for plaintiff present.
Adv. for plaintiff requested for adjournment.
Time is granted for one week.
Matter adjd to 25-01-2021 for service.
L.O. at. 12.25 pm
Adv. Ashish Singh for defendant no. 2 present.
Already adjd to 25-01-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant No.1.
Adv.Ashish Singh for defendant No.2 present.
The plaintiff has not filed the report of service of summons on defendant No.1. Matter adjourned for order against plaintiff in respect of defendant No.1 on 03.02.2021.
Next Purpose: ORDER
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Bipin Pathak seek to appear for plaintiff.
He had filed VP without taking NOC of earlier advocate on record. Hence, put up for order on VP.
Adv.for defendant absent.
Matter adjd to 5/02/2021 for order on VP
L.O. at 12.15 pm.
Adv.Arvind Tiwari for Def. No.2 present.
Mattter adjd. to 5/2/2021 for order on VP.
Next Purpose: ORDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Vipin Pathak for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for substitute service by way of pasting and paper publications in respect of deft. No.1 t.o.r.
O-Put up for order.
Affidavit of service t.o.r. O-put up for order.
Summons to answer plaint filed by Adv. of plaintiff t.o.r.
Application for setting aside the order dated 25th January 2021 t.o.r. O-Put up for order.
Matter adjd to 08.02.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present for plaintiff.
Adv.Ashish Singh for defendant No.2 present.
ORDER BELOW EXH.5
Issue summons as per prayer (b) to the defendant No.1.
Matter adjd to 06.03.2021 for writ of summons.
LO
Adv.Bipin Pathak for plaintiff present.
Matter adjd to 06.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv.Vipin Pathak for plaintiff present.
None present for defendant.
Ld.Adv.seeks time for service of writ of summons. Time granted.
Matter adjd to 30.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Violet Almeida i/b. Adv.Vipin Pathak for plaintiff present. She submits that adv. Vipin Pathak is suffering from Covid-19, she seeks time to take steps. Time granted.
None present for defendant.
Matter adjd to 21.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for plaintiff.
Adv. Arvind Tiwari for def. present.
Matter adjd to 04.05.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 01/07/2021 for writ of summons.
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 17.08.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Vipin Pathak for plaintiff present.
Adv.S.R.Tiwari present. He undertakes to file vakalatnama on behalf of both defendants on next date.
Affidavit of service, Exh.5 filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 06.09.2021 for appearance of deft. and written statement.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm
Adv.Vipin Pathak h/f.Adv.Upadhyay for plaintiff present.
The defendant No.2 has filed vakalatnama vide Exh.2, but the defendant No.1 has not filed vakalatnama. On 17.08.2021 Adv. S.R.Tiwari submitted that he will file vakalatnama for defendant No.1, but till today vakalatnama not filed for defendant No.1. Hence, suit to proceed ex-parte against defendant No.1.
The defendant no.2 has not filed written statement. Hence, suit to proceed without written statement of defendant No.2.
Matter adjd to 26.10.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Vipin Pathak present for plaintiff.
Adv. Manish Shukla present for defendant no.2.
On oral request of the plaintiff adjd for evidence.
Matter adjd to 18.11.2021 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.14 pm,
Adv.Ms.V.M.Aleida i/b.Adv.Vipin Pathak for plaintiff present.
Adv.Akansha Shukla h/f.Adv.Arvind Tiwari for defendant No.2 present.
The defendant No.2 tendered application, Exh.6 for seeking time to file written statement t.o.r. O-Already suit is proceeded without written statement of defendant No.2, hence, rejected.
On oral request of plaintiff matter adjd to 02.12.2021 for filing evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv.Vipin Phatak for plaintiff present.
None present for defendant.
KB
LO at 12.31 pm,
Adv.Vipin Phatak for plaintiff present.
Adv.Manish Shukla i/b.A.K.Tiwari and Associates for defendant No.2 present.
On oral request of plaintiff adjd to 07.02.2022 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order dated 27/2022 holiday declared.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.03 pm,
Adv.Vipin Pathak i/b.MKS Legal for plaintiff present.
The plaintiff tendered affidavit of evidence of Mr.Eqrar Hafeez Khan (PW-1) t.o.r. and marked as Exh.7.
The plaintiff tendered list of documents t.o.r. and marked as Exh.8.
Matter adjd to 31.03.2022 for marking of documents/statement of truth.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Vipin Pathak for plaintiff present.
None present for defendant.
On oral request adjd for filing statement of truth.
Matter adjd to 26.04.2022 for filing statement of truth.
Judge
LO at 11.34 am,
Adv.Akansha Shukla for defendant No.2 present.
Matter adjd to 26.04.2022 for filing statement of truth.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. Statement of truth not filed. Matter adjd to 20.06.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Vipin Pathak present for plff.
None present for deft.
Deft no.2 has filed WS at ex.03 on 15.01.2020 but wrongly matter posted without his WS as per roznama dt.01.10.2021.
Suit proceeded ex-parte against deft No.1 as he served with suit summons as per service affidavit Ex.05.
The matter is fixed for framing draft issue on 27/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present.
KB LO 12.30.
Deft no.1 proceeded Ex-parte.
Adv. Manish Shukla Present for Deft no.2 and seeks time to file draft issues.
Adj. For Draft issues on 22/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None Present for Plff.
Adv. Manish Shukla Present for Deft no.2.
Deft no.3 present.
adv of deft no.2 seeks time to file Draft issues. Granted as a last chance.
Adj. For Draft issues on 13/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: None present for the plff.
Adv. A. K. Tiwari present for the deft.
Adv of deft seeks time to file draft issues. Granted.
Adj. For Draft issues by deft on 19/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: None present.
KB. 12.15.
Adv. Vipin Pathak Present for Plff.
Adv. Manish Shukla h/f Adv. A. K. Tiwari Present for Deft no.2.
adv of plff contended that he dose not want to file draft issues.
Ex.09 - Adv of deft no.2 has filed draft issues.
Heard Ld adv of plff and deft no.2 on the point of issues.
Ex.10 – Issues framed.
Adv of plff contended that plff has already filed Chief examination of 09/03/2022 at Ex.07. He undertakes to serve copy of chief examination on deft.
Adj. For Marking of documents on 08/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
None present for plff.
Deft no.2 is present.
Adj. For Marking of document on 10/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: None present for plaintiff.
Defendant No.2 is present.
Adv. Priyadarshani Tiwari h/f adv. A.K. Tiwari for defendant No.2 present.
Case is for marking of documents from last two days. But plaintiff and his counsel are absent. I have gone through the contents of plaint, documents filed with plaint and chief examination. The plaintiff has filed original documents except document at serial No.1, 12 to 14 with list Exh.8. Photo copies of those documents were already filed by plaintiff alongwith plaint. There is no new/additional document filed by plaintiff with Exh.8. Record shows that parties have not filed admission and denial. Thus, considering the above facts, the documents filed by plaintiff with list Exh.8 are tentatively/ formally marked Exhibit as under.
Exh.11- Development agreement dated 03.12.2002
Exh.12- Affidavit cum declaration dated 12.09.2018.
Exh.13- Agreement for sale executed dated 16.11.2006
Exh.14- Agreement for sale executed dated 28.09.2012
Exh.15- Affidavit executed dated 28.09.2012.
Exh.16- Irrevocable General Power of attorney executed dated 28.09.2022
Exh.17- Electricity Bill dated July 2017.
Exh.18- Three Cheques dated 01.11.2012, 19.11.2018 and 12.11.2018.
Exh.19- Three Cheques dated 01.11.2012, 19.11.2018 and 12.11.2018.
Exh.20- Bank Return Memos dated 03.11.2018, 20.11.2018 and 13.11.2018
Exh.21- Bank Return Memos dated 03.11.2018, 20.11.2018 and 13.11.2018.
Exh.22- Demand Notice issued by Plaintiff’s advocate.
Exh.23- Postal Receipts in respect of demand notice.
Exh.24- Track records showing demand notice.
Matter is adjourned for cross-examination for PW-1 on
06-12-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Nmarata Tripathi h/f Adv. Vipin Pathak Present for Plff.
None Present for Deft no.1.
Adv. Manish Shukla Present for Deft no.2.
PW-1 absent.
adv of plff seeks adjournment on the ground that PW-1 is not feeling well and not able to attend the court. Adj. Granted.
Adj. For Cross examination of PW-1 on 18/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Court is on leave. Hence adj.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. S.M. Khillare h/f Priti Pathak for plaintiff present.
None present for defendant No.1.
Defendant no.2 present.
Adv. Arvind Tiwari for deft. No.2 present.
Exh.25 -Advocate for plaintiff filed adjournment application on the ground that witness is not feeling well. Advocate of defendant No.2 has given no objection. Adjournment granted.
Case adjourned for cross-examination of PW-1 to 01/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: None Present for Plff.
Adv. Arvind Tiwari Present for Deft no.2.
KB LO 12.30 pm.
PW- 1 present.
Adv. Arvind Tiwari Present for Deft no.2.
Adj. For Hearing on point whether suit is commercial dispute under section 2 (1)(c) of Commercial Courts Act on 20/03/2023.
Next Purpose: HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Adv. Vipin Pathak for plaintiff.
Adv. Manish Shukla h/f Adv A.K. Tiwari for defendant no.2present.
Heard Adv.of plaintiff on the point whether suit is commercial dispute u/s 2(1)(C) of Commercial Courts Act.
Adv.of defendant seeks adjournment on the ground that the advocate on record is out of town. Adv.of plaintiff objected for adjournment. To have an opportunity adjournment granted.
Case adjd for hearing by defendant on the point whether suit is commercial dispute u/s 2(1)(C) of Commercial Courts Act to 12.04.2023.
Next Purpose: HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: None Present for Plff.
Adv. Arvind Tiwari Present for Deft no.2.
Deft no.2 present.
Heard argument of adv of deft no.2.
FRSR following order passed.
ORDER
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to convert and assign this suit to proper court in which the suit should have been instituted, not being a Commercial Dispute.
ii) The parties to appear before the assigned Court on 21/06/2023.
-----------------
Case adjourned for compliance of above order to 21/06/2023.
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: None for plaintiff.
None for defendant.
Matter is adj to 09/10/2023 for appearance.
Reason For Adjournment: court time is over
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing and dictating orders of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Priti Shukla for plaintiff present. She filed application T.O.R marked as Exh--.
Adv.Arvind Tiwari for defendant No.2 present.
Adv.Ravi Goenka a/w Adv.Madhura Mulay for defendant No.6 present.
Matter is adj to 08/01/2024 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 29/02/2024 for evidence.
Later on at 11.10am
Adv.Manish Shukla for defendant No.2 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Salomi D.Jadhav h/f Adv.Vipin Pathak for plaintiff present.
None for defendant.
Kept back.
Later on
Adv.Salomi D.Jadhav h/f Adv.Vipin Pathak for plaintiff present.
Adv.for defendant present.
By consent of both the parties, matter is adj to 18/07/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Saloni Jadhav i/b Adv.Vipin Pathak for plaintiff present.
None for defendant.
Kept back.
Matter called out at 1.31pm
PW-1 present.
Adv.Saloni Jadhav i/b Adv.Vipin Pathak for plaintiff present.
Adv.Shreya Mali h/f Adv.Arvind Tiwari for defendant present.
On 09/10/2023 plaintiff filed vakalatnama of Adv.Vipin Pathak however in inadvertently it was recorded as application and marked as Exh-26.
Adv. for defendant filed adjournment application marked as Exh-27. Order-Other side to say.
Adv. for plaintiff filed say on Exh-27 itself.
Order on Exh-27- Application allowed subject to cost of Rs.5,00/- payable to plaintiff.
Matter is adj to 12/09/2024 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Plaintiff present, his advocate absent.
Adv.Manish Shukla h/f Adv.Tiwari for defendant No.2 present.
Keep Back
Matter called out at 12.25pm
Adv.S.K.Saha i/b Adv.Vipin Pathak for plaintiff present.
None for defendant.
Adv. for plaintiff seeks time. Time granted as a last chance.
Matter is adj to 08/01/2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for plaintiff.
Suit is already proceeded ex-parte against defendant No.1.
None for defendant No.2.
On perusal record and proceeding it appears that present suit to assign this court vide order dated 12/04/2023 by Honble Court deals with commercial suit. On 09/10/2023 plaintiff and defendant No.2 were present before court. Issues were already framed vide Exh-10 on 19 September 2022. Plaintiff adduce evidence of PW-1 Eqrar (Exh-7) and presently suit was posted for cross examination of PW-1 by defendant No.2. But plaintiff and PW-1 remains absent when called repeatedly. Defendant No.2 is also absent hence under such circumstances hence, suit be kept for necessary order against PW-1.
Matter is adj to 28/03/2025 for necessary order against PW-1.
Next Purpose: ORDER
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Plaintiff in person present, his advocate absent.
Adv.Manish Shukla h/f Adv.A.K.Tiwari for defendant No.2 present.
Matter is adj to 25/06/2025 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Later on at 1.23pm
Adv.Vipin Pathak for plaintiff present.
Adv.Manish Shukla i/b Adv.A.K.Tiwari for defendant No.2 present and filed pursis with copy of death certificate of defendant No.1. Taken on record marked as Exh-28. Order-Seen.
Defendant No.2 present.
Plaintiff to take steps.
Matter is adj to 20/08/2025 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for plaintiff.
Adv Manish Shukla h/f Adv.A.K.Tiwari for defendant No.2 present
Due to heavy rain, concern staffs are absent. Therefore, board is discharged.
Matter is adj to 26/11/2025 for R/E.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Court Vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2026
Date: 06-07-2026
Business: P.O. is on leave. Adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2026