Date: 30-09-2019
Business: Court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Both the parties and advocates are absent.
Adjd for service of writ of summons upon defendants to
07.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Abhilesh Chitale for plaintiff present.
Time extended till next date for service of writ of summons.
Adjd to 28-02-2020 for service
Next Purpose: SERVICE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Court is on Half day leave. Hence, board discharged.
Adjd to 24-03-2020 for Service .
Next Purpose: SERVICE
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
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: 17-04-2020
Date: 17-04-2020
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: 06-05-2020
Date: 06-05-2020
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: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
08
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial
Suit No.102/2019
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 9/11/2020 for service.
Judge
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 26/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 17.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 13.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present for plaintiff
None present for defendant.
Matter adjd to 25.02.2021 for order against plff.
Next Purpose: ORDER
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 15/03/2021 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 20.04.2021 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 09-06-2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 25.06.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 05.08.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.08.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.40 pm
None present.
Matter adjd. to 07.09.2021 for order against plff.
Next Purpose: ORDER
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave
Next Purpose: ORDER
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.53 pm
None present.
Matter adjd to 18.10.2021 for order against plff.
Next Purpose: ORDER
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: on 18.10.2021 holiday is declared.
Next Purpose: ORDER
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.32 pm,
Mr.Deepak Shyam Sawant registered clerk of M/s.Dhanuka and Partners for plaintiff present. He tendered service affidavit, Exh.5 a/w. RPAD packets t.o.r.
Matter adjd to 02.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.28 pm,
None present.
KB
LO at 05.15 pm,
None present.
Matter adjd to 30.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-12-2021
Date: 30-12-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: wrongly on board already adjd on 21.01.2022
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.03.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Court on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
None present for defendant.
No steps taken. Keep for order.
Matter adjd to 14.06.2022 for order.
Judge
LO at 11.50 am,
Adv.Nihar Chitre i/b. Dhanuka and Partners for plaintiff present.
Matter adjd to 14.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv Nihar Chitre i/b Dhanuka and Partners present for plaintiff.
None present for defendant.
K.B. L.O.at 1.05 p.m.
Adv Nihar Chitre i/b Dhanuka and Partners present for plaintiff and application Exh.6 for substituted service on the defts by way of publiocaiton in Newspaer. Previously suit summons were issued to defts by RPAD but it returned unclaimed. O-Applicaiton Exh.6 allowed. Issue suit summons to deft under O-5 R-20 of C.P.C. by way of publication in Newspaper.
Matter adjd to 19.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv Komal Sharma I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit.
Adj. For Service affidavit on 18/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Meenakashi Dhanuka I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Awaiting service report.
Adj. For Service affidavit on 07/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Adv. Nihar Chitre I/b Dhanuka and Partner Present for Plff.
None Present for Deft.
Adv of plff has filed draft CS along with affidavit for substitute service of suit summons on defts by way of pasting. Record shows that suit summons were issued to defts by RPAD but it returned with postal remark “returned unclaimed”. As per order dt.14/06/2022 passed below Ex.06 suit summons were issued by way of paper publication but plff has not complied the said order. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendants by way of publication in newspaper.
2. Simultaneously plaintiff shall serve suit summons on defendants by pasting it on the door, as well as by Email to the defendants
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 12/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Vihar Chitre Present for Plff and seeks time to file service affidavit. Granted.
None Present for Deft.
Adj. For Service affidavit on 11/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Komal Shrama I/b Dhanuka Partners Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps. Granted.
Adj. For Steps on 19/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Nihar Chitre I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Ex.08- adv of plff has filed service affidavit along with bailiff report in respect of service of suit summons by way of pasting. Bailiff report shows that he has he has affixed suit summons on conspicuous part of out of door of deft no.3 on 11/11/2022.
Adj. For Steps against deft no.1 and 2 on 14/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Nihar chitre I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Adv of plff seeks time to take Steps against deft no.1 and 2. Granted.
Adj. For Steps against deft no.1 and 2 on 25/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Komal Sharma I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Adv of plff prayed for permission to paste the suit summons to deft no.2 in the notice board of this Court. Allowed.
Adv of plff seeks time to file service affidavit in respect of publication in newspaper and pasting of suit summons on defts.
Adj. For Service affidavit on 24/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Komal Sharma I/b Dhanuka and Partners Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Granted.
Adj. For Service affidavit on 27/03/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: NOB.TOB.
Exh.9 (colly) Bailiff report received. It shows that defendant no.1 served with suit summons by way pasting suit summons on the door of defendant no.1 on 21.02.2023.
As per service affidavit (Exh.8) defendant no.3 served with suit summons by way of pasting on the door on 11.11.2022.
Case adjd for order against defendants no.1 and 3 and steps against defendant no.2 to 27.03.2023.
Next Purpose: ORDER
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None Present for Plff.
None Present for Deft.
As per service affidavit Exh.09 deft no.1 served with suit summons on 21/02/2023 and as per service affidavit Exh.08 deft no.3 served with suit summons on 11/11/2022. None appeared on behalf of deft no.1 and 3. Hence suit be proceeded Ex-parte against deft no.1 and 3.
Adj. For Steps against deft no.2 on 25/04/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Kuashad Tamhane I/b Dhanuka and Partners Present for Plff and seeks time for taking steps against deft no.2. Granted.
None Present for Deft.
Adj. For Steps against deft no.2 on 20/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: None present for plaintiff.
O- Matter as proceeded Ex-Parte against defendant nos. 1 and 3. It is pending for taking steps against def. no. 2. Therefore, last chance is granted to the plaintiff for taking steps against def. no. 2.
Matter is adj for taking steps against def. no. 2 to 05/09/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Nihal Chitre for plaintiff is present.
Learned advocate for plaintiff orally requested for extension of time to serve writ of summons through News Paper publication.
O- Time extended as prayed for as last chance.
Matter is adj for filing service affidavit to 07/10/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Adv. Archana Yadav i/b Adv. Dhanuka and Partners for plaintiff is present.
Exh.10 - Affidavit of service a/w photocopies of newspaper publication dt.06.10.2023 circulated in the Thane region.
The Writ of Summons is published in daily news paper in respect of def. no. 2. None appears for him today.
Matter is adj for ex-parte order to 06/11/2023.
Next Purpose: ORDER
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: None present.
O- Writ of summons was published in respect of def. no.2 on 06.10.2023 in daily newspaper circulated in the Thane region. None appears for the defendant. Therefore, matter to proceed ex-parte against him.
Ex-parte order already passed against def. nos. 1 and 3 on 27.03.2023.
Matter is adj. for ex-parte evidence to 16/01/2024.
Later on at 11.20 a.m.
Adv. Nihar Chitre i/b Dhanuka and partners or plaintiff is present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: P.O is on leave in first session.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: None present.
KB.. Later on at 12.20 p.m.
None present when called.
Matter is adj. for ex-parte evidence to 04/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Adv. Nihar Chitre h/f adv. Dhanuka and partners for plaintiff is present.
Exh.11 : Evidence Affidavit.
Exh.12 colly. : List of documents alongwith affidavit of documents.
Witness PW-1 is absent.
On oral request of ld. Adv of plaintiff matter is adjourned for giving oath to the witness and for hearing on marking of documents.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 28/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Adv. Nihar Chitre I/b Dhanuka and Partners for plaintiff is present.
Witness PW-1 Mr. Govind Puranmal Agarwal is present.
Oath is given to the witness.
On oral request of ld. adv of plaintiff matter is adjourned for hearing on marking of documents.
Matter is adj. for ex- parte evidence (hearing on marking of documents) to 12/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Adv.Nihar Chitre i/b Dhanuka and Partners for plaintiff is present and orally requested time for hearing on marking of documents O-Time granted as prayed for.
Witness PW-1 is absent.
On specific oral request of ld. Adv of plaintiff matter is adj. for ex-parte evidence (hearing on marking of documents) to 11/06/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: None present.
Later on at 12.45 p.m.
Adv. Archana Yadav i/b Dhanuka and Partners for plaintiff is present and orally requested time for hearing on marking of documents. O-Time granted as prayed for as last chance.
Witness PW-1 is absent.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 08/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Court is on leave today. Hence matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Nihar Chitre i/b Dhanuka and Partners for plaintiff is present and requested to KB the matter.
Later on at 12.05 p.m.
Witness PW-1 is present.
The appearance of Ld. advocate for plaintiff is not taken on record as she is not in proper dress code prescribed for advocates.
Ld. adv of plaintiff orally requested time to take instructions regarding filing of secondary evidence or additional documents. O-Time granted as prayed for.
Matter is adj. for ex-parte evidence to 20/08/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Court is Vacant. Hence adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: Court is Vacant hence adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-10-2024
Date: 24-10-2024
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: Court is vacant hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: Parties are absent.
Adv. Nihar Chitre i/b Dhanua and Partners for plaintiff is present.
Being the matter is having age of more than 5 yrs adjourned for positive steps.
Matter is adj. for steps to 20.01.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Parties are absent.
Adv A. R. Chittre i/b Dhanuva and Partners for plaintiff is present and sought time for taking steps.
None present for defendant.
Matter is adj. for steps to 27.01.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: Parties are absent.
Adv. Nihar Chittre for plaintiff is present through V.C.
None present for defendant.
Adjourned for positive steps on or before 31.01.2025 having age more then 5 yrs else suit would be proceeded further in accordance with the Law and may be dismissed for want of positive steps without further reference to the Court.
Matter is adj. for steps to 31.01.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: Parties are absent.
Adv. Nihar Chitre for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
None present for defendant.
Matter is adj. for Ch/S returnable to 07.02.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: Parties are absent.
Adv. Nihar Chitre i/b Dhanuka and Partners for plaintiff is present and tendered registered Ch/S No.298/2025 along with affidavit in support.
Heard ld. Adv of plaintiff Shri. Chitre who pointed out that the purpose for taking out Ch/S No. 298/2025 was that earlier original copy of Power of Attorney was not traceable. Therefore, the said defect was to be cured by filing a fresh power of attorney of Constituted Attorney of partners i.e. Shri Govind Agarwal of the plaintiff Firm. Hence prayed to allow the Ch/S being all the defendant are proceeded ex-parte.
I have gone through the record and proceeding especially affidavit of services filed at Exh.5, Dt. 20.02.2020 and Exh. 5A, Dt. 06.10.2023(Mark exhibit today). Perusal of Exh. A appears to be a photocopy of public notice publish in English newspaper ‘Active Times’ dt. 06.10.2023 and of Marathi newspaper Than Vabhav at Exh. B. the ld. Adv pointed out that the correct has been reflected in affidavit.
Be as it may be, Court can not act upon the photocopies of the public notices. Hence plaintiff is directed to file original entire copies of concerned newspapers on record.
Matter is adj. for steps to 25.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Parties are absent.
Adv. Nihar Chitre present for plaintiff.
None present for defendant.
Exh.13 - Pursis a/w copies of newspapers ‘Thane Vaibhav’ and ‘Active Times’, Marathi and English respectively filed by ld. Adv of plaintiff. O – In view of affidavit of service at Exh. 5 dt. 20.02.2020 r/w Exh. 13 full copies of daily above newspapers. Defendants are proceeded ex-parte as they fail to answer writ of summons though duly served to RPAD and public Notice.
Order Below Chamber Summons No. 298/2025.
Heard ld. Adv. Meenakshi Dhanuka for plaintiff. She pointed out that the purpose for taking out Ch/S is to replace/in addition to earlier Power of Attorney of the plaintiff dt. 08.01.2019 of POA Govind Agarwal as the original is misplaced. Therefore, new POA has been executed on 07.06.2024 and tendered accordingly a/w Ch/S. Hence, prayed to allow Ch/S.
Considering the fact that the earlier POA dt. 08.01.2019 has been misplaced therefore, subsequent POA got executed on 07.06.2024 therefore Ch/S is allowed being it is an administrative act to ratify the acts done under the previous POA hence, Ch/S is disposed off.
The Commercial Suit No. 102/2019 being having more then 5 yrs shall proceed accordance with law.
Matter is adj. for steps to 28.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: Parties are absent.
Adv. Nihar Chitre i/b Dhanuka and Partners present for plaintiff and informed that this is a Commercial Summary Suit. However, the present suit is reflected at todays board at sr. no. 5 under the caption of “Commercial Suit” and not as a “Commercial Summary suit”. It is so, it is unable to understand as to why it is reflected under the caption of Commercial Suit and not under the Commercial Summary Suit.
Sherestidar/interpeter shall look into the matter and get change nomanclature of suit, if it is so, under the proper nomenclature of the suit immediately, being suit is having age of more then 5 yrs.
The ld. Adv. Chitre also shown to the Court copy of Summons for Judgment however informed that suit being proceeded ex-parte hence, Summons for Judgment was not tendered.
Sheristedar is directed to ascertain whether suit is Commercial Summary suit or Commercial Suit as the case may be and shall file his report to that effect alongwith inquiry with the scrutiny committee of the main branch.
Later on at 02.55 p.m.
Adv. Meenakshi Dhanuka a/w Adv. Chitre present for plaintiff and sought Copy of roznama.
Copy of roznama be handed-over to the plaintiff immediately for necessary action and compliance.
Authenticated copy be given to the parties.
Matter is adj. for steps to 01.03.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Old Commercial Suit No. 102/2019 has been converted into Commercial Summary suit No. 72/2025 as per previous roznamas dt. 028.02.2025.
Parties are absent.
Adv. Meenakshi Dhanuka a/w Adv. Chitre present for plaintiff.
Matter is adj. for recording evidence to 24.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Representative of plaintiff is present.
Adv. Meenakshi Dhanuka present for plaintiff.
Oath is given to witness PW-1.
Following documents are exhibited.
Exh. 14 - Power of Attorney dt. 08th January.
Exh. 15 colly. - 4 original 4 tax invoices dt. 31.05.2018, 01.06.2018. 04.06.2018 and 04.06.2018.
Exh. 16 colly. - Cheuqe bearing no. 020828 dt. 25.06.2018 drawn on Dena Bank a/w Bank depositing slip and returned memo of Panjab National Bank.
Exh. 17 colly. - Two returned memo of the City bank.
Exh. 18 - Notice sent by defendant to the plaintiff.
Exh. 19 - Original notice dt. 29.09.2018 addressed by advocate for the plaintiff to the defendants.
Exh. 20 - Acknowledgment receipts depicting delivery of the said notice Dt. 29.09.2018.
Matter is adj. for filing evidence closing pursis to 02.05.2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: Parties are absent.
Adv. Meenakshi Dhanuka present for plaintiff and filed evicting closure pursis. Marked as Exh. 21. O- Seen.
Matter is adj. for arguments to 14.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2025
Date: 14-07-2025
Business: Parties are absent.
Adv. Nihar Chittre present for plaintiff.
None present for defendant.
Heard ld. Adv of plaintiff.
Matter is adj. for ex-parte Judgment to 30.07.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Parties are absent.
Adv. Nihar Chittre present for plaintiff.
None present for defendant.
The court made query to the ld. Adv of plaintiff whether there is due and proper service on the defendant as per Order 5 of CPC by various modes. He sought time to inspect the file and appraised the court hence KB.
Matter is adj. for Ex-parte Judgment to 12.08.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Parties are absent.
Adv. Nihar Chitre i/b Dhanuka and Partners present for plaintiff.
None present for defendant.
As Court is busy in going through the record and proceeding for passing Judgment in Com. Suit No. 662/2024 (High Court Com. Suit No.05/2005 having age of 20 yrs old.). Hence, rest of the board is discharged.
Matter is adj. for ex-parte Judgment to 19.08.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: None present.
There is heavy rain hence, adjourned.
Matter is adj. for Ex-parte Judgment to 30.09.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: Parties are absent.
Adv. Meenakshi Dhanuka present for plaintiff.
None present for defendant.
Court is busy in hearing of final arguments in Commercial Summary Suit No.219/2024 (Honble High Court Suit No.29/2010 having age of 15 yrs.). Hence, rest of the board is discharged.
Matter is adj. for ex-parte Judgment to 13.10.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: None present.
CIS system is not in order and no V.C. connection has been established.
Court is busy in dictating Judgment in Commercial Suit No. 662/2024 (Honble High Court suit No.05/2005 having age of 20 yrs.) Hence, matter is adjourned.
Matter is adj. for ex-parte Judgment to 13.11.2026.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: Parties are absent.
Adv. Shubham Jagtap i/b Dhanuka and Partners present for plaintiff.
None present for defendant.
Later on at 04.45 p.m.
Adv. Archana Yadav i/b Dhanuka and Partners present for plaintiff.
Court is busy in passing order in NM No. 3386/2024 in Com. Suit 899/2021 and hearing in Cri. M. A Nos. 700/2025 and 701/2025 (contempt petitions). Hence, due to paucity of time matter is adjourned.
Matter is adj. for Ex-parte Judgment to 05.12.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Parties are absent.
Adv. Shubham Jagtap present for plaintiff.
None present for defendant.
Court is busy in recording evidence in Commercial Suit No. 264/2019 and other urgent hearings matters on board hence, due to paucity of time matter is adjourned.
Matter is adj. for ex-parte Judgment to 09.01.2026.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-01-2026
Date: 09-01-2026
Business: Parties are absent.
Adv. Atharva Hadawale i/b Dhanuka and Partners present for plaintiff.
None present for defendant.
Following Judgment is passed in Com. Sum. Suit No. 72 of 2025
For the reason separately recorded.
Operative part of Judgment.
1.Commercial Summary Suit No.72 of 2025 is partly decreed with costs.
2.Defendants shall jointly and severally pay amount of Rs.5,84,987/- (Rupees Five Lakh Eighty Four Thousand Nine Hundred Eighty Seven Only) to plaintiff with interest at the rate of 10% p.a. from 29.09.2018 till realization of the amount.
3.Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 09-01-2026