Date: 13-08-2019
Business: Matter adjd to 01.11.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.for defendant present.
Plaintiff has tender original writ of summons.
Adv for plaintiff tender register N.M.NO. 2817/2019 .
Defendant tender reply to the notice of motion
Defendant tender written statement.
Copy delivered to the plaintiff.
Defendant tender notice to produced document.
Copy is tender to the defendant.
In view of order dated 22.07.2019 my Ld. Predecessor vied his order ad interim stage is granted in favour of plaintiff till appearance of defendant.
In response of writ of summons defendant appeared and contest the suit by filling written statement.
Moreover plaintiff has filed notice of motion which defendant constant the notice of motion by filling written reply @ notice for production of documents.
Admittedly notice of motion no. 2817/2019 be decided on merit sometime is required. However both the parties contested the order passed by My Ld Predecessor dated 22.07.2019 no doubt about that as per the mandated of commercial court act, court is bound to disposed of this suit within 6 month. This court is also try to decided the notice of motion within 50 days in the meantime to keep the peace between two parties I am of the opinion that it is necessary to extend the order passed by my Ld Predecessor dated 22.07.2019 on following condition.
ORDER
1) Ad-interim stay granted by my Ld. Predecessor is extended till next date only.
2) Both the parties are directed to file their reply/rejoinder or taking steps without fail.
3) Failure on the part of taking steps on matter unnecessarily adjourned then order dated 22.07.2019 would be considered on his own merit.
Both the parties is directed to take note of this order.
Matter adjd to 25.11.2019 for reply/argument.
Next Purpose: REPLY
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.for defendant absent.
Defendant is absent and his advocate absent. However representative of defendant no. 2 submitted that advocate on record who represent defendant is not feeling well and therefore he could not come before the court. He orally requested to adjourned the matter, matter is adjourned as per his request.
Ad- Interim stay is granted by my Ld. Predecessor is extended till next date.
Matter adjd to 06.01.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.Shradha Chourasia for defendant present.
Ld. counsel for defendant orally requested to adjourn the matter. Oral request is accepted.
Ad-interim stay is extended till next date.
Matter adjd to 10.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv.Ramesh Jain for plaintiff present.
Adv.S. Chourasia for defendant present.
Ad- interim if any continued till next date.
As court is busy in dictating judgment in Suit No. 4431/2010.
Matter adjd to 02.03.2020 for hearing on notice of motion.
Next Purpose: HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Asif Hussain for defendant present.
Earlier order if any to continue till next date.
Matter adjd to 19/3/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 04/04/2020 for argument.
Earlier order if any to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
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 hearing.
Next Purpose: HEARING
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 hearing.
Next Purpose: HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv.Ramesh Jain for plaintiff present.
None for defendant.
Earlier order if any is continued .
Adjd to 11.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff
None present for defendant.
Earlier order to continue, if any.
Matter adjd to 29.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjd to 11.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 18.02.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
Adv.Laxman Shahapur for defendant No.1 present.
Adv.B.S.Meti h/f. Adv.Viraj Kadam for defendant No.2 present.
Both the advocates had not filed vakalatnama. They submits that they will file vakalatnama on next date.
The Ld. Adv.for the plaintiff had endorsed on the notice of motion No.2817/2019 that the defendant is not the owner of the suit flat hence, the plaintiff is not pressing the notice of motion.
Ld. Adv. submits that he does not want to prosecute the notice of motion further. The notice of motion No.2817/2019 is disposed of as not pressed.
Matter adjd to 08.03.2021 for filing of written statement, awaiting service report.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
KB
LO
Adv.Ramesh Jain for plaintiff present.
Affidavit of examination-in-chief, Exh.6 filed by Adv.of plaintiff t.o.r.
O-filed.
PW-1, Jaiprakash Arun Gupta resumed on S.A.
List of documents, Exh.7 filed by Adv.of plaintiff t.o.r.
O-Documents Sr.No.2,4,6 be exhibited formally. The evidentiary value will be considered at the time of final argument of suit.
Statement of truth, Exh.8 filed by Adv. of plaintiff t.o.r.
Original demand promissory note dated 02.06.2018, Exh.9
Office/carbon copy of the demand notice dated 10.05.2019, Exh.10 colly.
Original courier receipt, Exh.11
Original defendant advocate letter dated 17.05.2019, Exh.12 colly.
List of original documents, Exh.13 filed by Adv. of plaintiff t.o.r.
O-Documents are exhibited formally. The evidentiary value will be considered at the time of final argument.
Application filed by Adv. of plaintiff for return of original documents, Exh.14 t.o.r.
Books of accounts (Cash book), Exh.15
Original Form No.10 of Money Lenders Act, Exh.16
Register maintain for inspection by plaintiff, Exh.17
Money Lending License, Exh.18
Books of accounts (Ledger book), Exh.19
ORDER BELOW EXH.14
Books of accounts-cash book (Exh.15), Original Form No.10 of Money Lenders Act (Exh.16), Register maintain for inspection by plaintiff (Exh.17), Money Lending License (Exh.18), books of accounts-ledger book (Exh.19) be returned after comparing the copy with the original. Applicant to undertake to produce original documents (Exh.15 to Exh.19) as and when directed.
Matter adjd to 03.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: N.O.B.T.O.B.
Adv.Ramesh Jain for plaintiff present. He filed application for taking the matter on today\''s board, Exh.20. t.o.r. O-Allowed.
Adv. for the plaintiff also filed application, Exh.21 for undertaking regarding original documents submitted to the Court, as and when required by Court. t.o.r. O-\''filed\''.
Already matter adjd to 03.04.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Plaintiff present.
Adv.Ramesh Jain for plaintiff present.
None present for defendant.
In the present suit the defendant had tendered written statement. The issues are yet to be framed. The plaintiff had tendered evidence alongwith documents. The affidavit of evidence is taken on record. The documents are exhibited formally. The evidence and the documents are in-advertently taken on record.
Matter adjd to 20.04.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adv. Ramesh Jain for plaintiff present.
Defendant absent.
Adj. to 03-05-2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 29.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 03.07.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FRAMING ISSUES
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 20.08.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
Record shows that suit is in caption of framing of issues, however, admission and denials are not filed. Hence, adjd for filing admission and denials on 21.10.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.19 pm
Adv.Ramesh Jain for plaintiff present.
The plaintiff filed pursis, Exh.22 in respect of admission and denial t.o.r.
No admission and denial filed by the defendant.
Heard the plaintiff on CMH. No argument of the defendant on CMH.
Issues are framed, Exh.23.
The plaintiff has already filed affidavit of evidence, hence, adjd for cross-examination of PW-1 and CMH scheduled on 10.11.2021.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Yash Mishra h/f. Adv.Vivek Shukla for defendant present. He undertakes to file vakalatnama on behalf of defendant on next date. He tendered application, Exh.24. Copy is received by the plaintiff. Endorsement to that effect is made.
Matter adjd to 09.12.2021 for reply to Exh.24 and CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
Vakalatnama filed by Adv.Yash Mishra i/b V. Shukla and Associates for defendant t.o.r. marked as Exh.25.
KB for reply on Exh.24 by the plaintiff.
LO at 1.26 p.m.
Same appearance.
Order below Exh.24
The plaintiff inspite of opportunities, failed to file reply to Exh.24. Read the application. Heard the Ld.Adv. for the defendant. No reply and no argument by the plaintiff. Considering the reasons stated in the application, the defendant is allowed to file admission and denial.
Hence, the application (Exh.24) is allowed, accordingly.
Matter adjd to 23.12.2021 for admission and denial by the def. and supply copy of evidence and documents by the plff. to the defendant.
L.O. at 3.33 p.m.
Adv.Ramesh Jain for the plaintiff present.
Matter adjd to 23.12.2021 for admission and denial by the def. and supply copy of evidence and documents by the plff. to the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
Vakalatnama filed by Adv.Yash Mishra i/b V. Shukla and Associates for defendant t.o.r. marked as Exh.25.
KB for reply on Exh.24 by the plaintiff.
LO at 1.26 p.m.
Same appearance.
Order below Exh.24
The plaintiff inspite of opportunities, failed to file reply to Exh.24. Read the application. Heard the Ld.Adv. for the defendant. No reply and no argument by the plaintiff. Considering the reasons stated in the application, the defendant is allowed to file admission and denial.
Hence, the application (Exh.24) is allowed, accordingly.
Matter adjd to 23.12.2021 for admission and denial by the def. and supply copy of evidence and documents by the plff. to the defendant.
L.O. at 3.33 p.m.
Adv.Ramesh Jain for the plaintiff present.
Matter adjd to 23.12.2021 for admission and denial by the def. and supply copy of evidence and documents by the plff. to the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: None present for plaintiff.
Adv.Yash Mishra for defendant present.
KB
LO at 11.44 am,
Plaintiff present.
Adv.Ramesh Jain for plaintiff present.
Copies of affidavit of evidence and compilation of documents are filed for furnishing the same to the defendant.
KB
LO at 03.15 pm,
Adv.Pooja Mishra for defendant present.
Copies of affidavit of evidence and compilation of documents are furnished to the defendant with endorsement to that effect.
Matter adjd to 10.03.2022 for cross-examination by deft./admission and denial by deft./CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.12 pm,
Adv.Ramesh Jain for plaintiff present.
KB
LO at 12.29 pm,
Adv.Pooja Mishra for defendant present.
KB
LO at 12.41 pm,
Adv.Yash Mishra for defendant No.1 present. He filed application for adjournment t.o.r. and marked as Exh.26. O-Otherside to say.
KB
LO at 03.25 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Yash Mishra for defendant No.1 present.
Witness present.
The plaintiff filed reply on Exh.26.
ORDER
Read the application. Heard the parties. Affidavit of evidence was filed on 0.03.2021. Read the roznama dated 24.02.2022 by which the case is fixed today for cross-examination of the plaintiff. Witness is present. The reasons stated in the application is not acceptable. However, in the interest of justice last chance is granted to the defendant subject to costs o Rs.500/- to be paid to defendant.
Matter adjd to 28.03.2022 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Kanojia for defendant present.
Witness PW-1 present.
KB
LO at 01.50 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Kanojia for defendant present.
Read the order dated 10.03.2022 passed on Exh.26. The last word \''defendant\'' shall be read as \''plaintiff\''. It is corrected accordingly.
The defendant today complied with the order of payment of costs to the plaintiff.
Defendant received copy of affidavit of evidence and documents.
Matter adjd to 04.04.2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Pooja Mishra h/f.Adv.Vivek Shukla for defendant present.
On oral request of the deft. k.b for cross-examination at 01.00 pm,
LO at 01.05 pm,
Same appearance.
Adv.for defendant requested for adjournment. Witness is present. Case is for cross-examination, hence, request is rejected. Resumed on S.A. Jaiprakash Arun Gupta (PW-1).
No cross-examination by defendant.
L.O. at 03.05 p.m. Adv. Yash Mishra i/b V.Shukla and Associates for defendant present. He submit, he have to file admission and denial for defendant, hence, matter adjd. to 26/04/2022 for admission and denial and cross of P.W.No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.45 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Yash Mishra i/b.V. Shukla and Associates for defendant present.
The defendant has not filed admission of denial inspite of the opportunity given. The advocate for defendant orally requested for adjournment. Adjournment granted as last chance subject to cost of Rs.500/- to be paid to the plaintiff.
Matter adjd to 15.06.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: None present for plaintiff.
Adv Dsouza present for defendant.
No admission denial filed by deft. The case is for admission denial since last 5 dates. On last date adjournment was granted as last chance subject to cost of Rs.500/-. Hence, suit be proceeded without admission denial of deft.
Matter adjd to 15.07.2022 for cross examination of PW-1 and CMH.
Judge
L.O. at 1.20 p.m.
Adv Ramesh Jain for plff present.
Already adj. To 15.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None present.
KB LO 12.30.
Adv. Ramesh Jain Present for Plff.
Adv. Pooja Mishra Present for Deft.
Adv of plff has received cost of Rs.500/- from the adv of deft.
Witness of plff absent.
Adj. For Cross examination of PW-1 on 03/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Rajesh Patil Present for Plff.
None Present for Deft.
KB LO. 12.00.
Adv. Rajesh Patil Present for Plff.
Adv. Norbery D’souza I/b Adv. Ravi Purohit Present for Deft.
PW-1 present.
Ex.27- deft has filed application for time to change advocate. Adj. Granted.
Adj. For Cross examination of PW-1 on 26/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Rajesh Patil for plaintiff present.
Exh. 28- He filed VP on behalf of plaintiff.
None present for defendant.
K.B. L.O. at 12.52 p.m.
PW-1 present.
Exh. 29- Adv. Yash Mishra h/f Adv. Ravikant Purohit for defendant is present and filed Vakalatnama on behalf of defendant and seeks time for cross examination of PW-1.
Case adj for cross examination of PW-1 to 19/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
PW-1 present. Cross examination completed.
Ex.30- adv of plff has filed evidence closure pursis. t.o.r.
Adj. For Evidence of deft on 30/09/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Vivek Shukla Present for Deft.
Adv of deft contended that his advocate of Vivek Shukla is not felling well and therefore case be adjourned. Adj. Granted.
Adj. For Evidence of deft on 12/10/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: None Present for Plff.
Adv. Pooja Mishra I/b Shukla Associates Present for Deft.
PW- absent.
Ex.-31- adv of deft has filed application for adjournment on the ground that her senior advocate is unavailable today due to ill health. Adj. Granted.
Adj. For Evidence of deft on 20/10/2022.
LO 3.15.
Adv. Rajesh Patil Present for Plff.
Adj. For Evidence of deft on 20/10/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of deft has filed draft NM along with affidavit for directing plff to provide original documents. Leave granted to register NM. Copy be served upon otherside.
Adj. For NM returnable on 23/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit Present for Deft.
KB LO 2.45 pm.
Adv of deft has tendered registered NM 4201/22 along with affidavit. Copy be served to otherside.
Adj. For Reply and Service affidavit in respect of NM 4201/22 on 20/12/2022.
Next Purpose: REPLY
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv Present for Deft.
Adv of plff seeks time to file reply to NM 4201/22 on the ground that plff is not feeling well. Adj. Granted.
Adv of plff contended that copy of NM received on last date.
Adj. For Reply on NM 4201/22 on 09/01/2023.
Next Purpose: REPLY
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Priyanka Rupatkke h/f Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of plff seeks time to file reply to NM. Granted as last chance.
Adj. For Reply on NM 4201/22 on 20/01/2023.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of plff seeks time to file reply on NM 4201/22 on the ground that son of plff is not felling well. Record shows that plff has sought adjournment since 20/12/2022 for reply. As such to have opportunity time to file reply granted subject to Costs of Rs.500/- to be paid to otherside.
Adj. For Reply NM 4201/22 and Costs of Rs.500/- to be paid to otherside on 04/02/2023.
Next Purpose: REPLY
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit Present for Deft.
Adv of deft contended that she has received costs of Rs.500/- from adv of plff as per order dt. 20/01/2023.
Exh.32. Adv of plff has filed reply to NM 4201/22.
Adj. For Hearing on NM 4201/22 on 02/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Priyanka Ruptakke h/f Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of deft seek adjournment for hearing on NM on the ground that he has not brought the papers and therefore unable to argue the matter. Otherside has no objection. Adjournment granted.
Adj. For Hearing on NM 4201/22 on 30/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit Present for Deft.
KB 3.00 pm.
Adv of deft contended that advocate on record is busy in Honble High Court and hence adjournment be granted. Adjournment granted.
Adj. For Hearing on NM 4201/22 on 21/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Heard argument of adv of both parties on NM 4201/22.
Adj. For Order on NM 4201/22 on 06/05/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: Adv. Rajesh Patil Present for Plff.
None Present for Deft.
F.R.S.R. following order passed on NM 4201/22.
1. Notice of Motion No.4201 of 2022 is partly allowed subject to cost of Rs.1,000/- to be paid to the plaintiff till next date as under.
2. Plaintiff is directed to give inspection of original documents Money Lending License, Form No.10 and Books of Account after payment of cost within 30 days.
Adj. For Compliance on 13/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: 13.06.2023
54
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm. Suit 55/2019
Adv. Rajesh Patil for plaintiff present.
Adv. Ravikant Purohit for defendant present.
Costs paid Rs.1000/- by defendant.
Order- Plaintiff is directed to give inspection of the documents mentioned order dtd. 06.05.2023.
Adjd to 03/07/2023 for inspection of documents as per order dtd. 06.05.2023.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Pooja Mishra hf Ravikan Purohit for plaintiff is present.
None for defendant.
As court is busy in passing order in other matters hence for want of time matter is adjourned.
Matter is adj for Admission and denial to 05.08.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Ravikant Purohit def. is present.
Ld adv for def. orally prayed for time to file affidavit of admission and denials.
O- Defendant is granted last chance to file affidavit of admission and denials.
Matter is adj for admission and denials to 12/09/2023
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit for def. is present and prayed time for filing affidavit of admission and denial. O-Time granted as last chance.
Matter is adj for admission and denial to 06/10/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Pooja Mishra h/f. Ravikant Purohit for defendant present.
KB
L.O. at 1.48 pm.
None present for plaintiff.
Adv. Ravikant Purohit for defendant present.
Defendant present in person.
Exh.33 affidavit of admission denial on behalf of defendant TOR.
Matter adjourned for CMH on 01.11.2023.
Next Purpose: HEARING
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: None present.
L.O at 01.30 p.m.
Adv. Rajesh Patil for plaintiff is present.
None present for defendant.
O- The defendant is directed to file evidence affidavit and its documents on a next date.
Matter is adj for recording evidence of defendant to 15/12/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Adv. Rajesh Patil for plaintiff is present.
None present for def.
O- Matter is pending for evidence affidavit on behalf of def. None appears for the def. Therefore, put up the matter for order against def. on the next date.
Matter is adj. for recording evidence to 08/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: None present.
Keep Back, Later on at 1.20 pm.
None present.
O- On 01.11.2023 deft was directed to file evidence affidavit and documents on the next date i.e. 15.12.2023 but none appeared for the deft on that day hence matter was posted today. Today also none appears for the deft therefore to avoid further delay in the proceedings which are pending since the year 2019, the right of deft to adduce the evidence is hereby forfeited. Put up the matter for written notes of final arguments.
Matter is adj. for written notes of final arguments to 24.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: None present.
KB.. Later on at 03.45 p.m.
None presnet when called.
Matter is adj. for arguments to 06/02/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Rajesh Patil for plaintiff is present.
None present for defendant.
KB.. Later on at 01.40 p.m.
Adv. Rajesh Patil for plaintiff is present.
None present for defendant.
Heard ld.adv of plaintiff.
Matter is adj. for arguments by defendant to 30/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: None present.
Matter is adj. for arguments to 05/04/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: P.O is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: None present.
Matter is adj. for arguments to 13/06/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Court is vacant hence adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Court is Vacant, hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: Court is vacant hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Court is Vacant. Matter is adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: None present.
The present Court was vacant since last 4 months. Ld. Advocates might have not known that the Court is started functioning hence, Issue notice to both the parties.
Matter is adj. for arguments to 27.01.2025.
Later on at 04.00 p.m.
Adv. Mamta Panigrahi for plaintiff is present and filed application for taking matter on todays board and mark her presence. TOR marked as Exh. 34. O-Read and Record.
Ld. adv of plaintiff is present hence issue notice only to defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: Parties are absent.
Adv. Mamta Panigrahi for plaintiff is present and heard finally.
None present for defendant.
The present Court was vacant since last 4 months. Ld. Advocates might have not known that the Court is started functioning hence, Issue notice to defendant and his advocate through bailiff. Also private service is allowed if any.
Matter is adj. for steps to 10.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2025
Date: 10-02-2025
Business: P. O is on leave hence matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff through V.C and apprised the Court that she argued her side on 27.01.2025 and the matter was posted for the argument of defendant. However defendant are not appearing since long. The last chance is granted to the defendant to argue the matter else the matter would stand for order.
None present for defendant.
Matter is adj. for steps to 09.04.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff pointed out that she completed her argument on 27.01.2025 and the matter is posted for the final arguments by the defendant. On previous date last chance was granted to argue. Today defendant is absent. Hence, right to argue the case by defendant is forfeited.
None present for defendant.
Therefore removed the matter from the caption of steps.
Matter is adj. for Judgment to 02.05.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: Parties are absent.
Adv. Mamta Panigraphi present for plaintiff.
None present for defendant.
Due to paucity if time being total 86 matters are on todays board hence, adjourned.
Matter is adj. for Judgment to 12.06.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Adv. Mamta Panigrahi present for plaintiff.
It is observed by the Court that this matter is posted for Judgment. Perused the record and proceeding there is no order forfeiting rights of defendant by closing side of the defendant. Despite said fact it appears that matter is posted for Judgment. Hence, remove the caption of Judgment. Plaintiff is directed to produce all the document for perusal of the court before passing Judgment. It also appears that though no cross order dt. 04.04.2022, defendant adv. Purohit cross examined PW-1 dt. 19.09.2022. Hence, cross examination appears to be conducted without setting aside said order of no cross examination order passed as per roznama dt. 04.04.2022. Hence, plaintiff to explain said fact.
Matter is adj. for steps/ production of original documents to 26.06.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff and apprised the court that court can not considered the cross examination of plaintiff witness unless the order of no cross examination is set aside. Further original copy of money lenders license is not available to the court on the previous date when the matter was fixed for Judgment for passing the order in accordance with law as well as Form No. 10 and other relevant register maintained by the money lenders as per the provisions. Hence plaintiff is directed to tender all the originals as photocopies are tendered.
None present for defendant and as no cross examination order has been got set aside therefore the cross examination conducted to the witness of the plaintiff can not be considered as there is objection of ld. Adv of plaintiff hence defendant is take objection if any.
Matter is adj. for filing original documents to 30.06.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: None present.
Matter is adj. for steps/dismissal to 31.07.2025.
Later on at 01.10 p.m.
Adv. Mamta Panigrahi present for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: Plaintiff is present.
Adv. Mamta Panigrahi present for plaintiff.
None present for defendant.
As Court is busy in passing Passing order in Com. Suit No. 1033/2024, Exe. APP. No. 123/2023, Com. Suit No. 1588/2024 and NM No. 4548/2022 in Com. Sum. Suit No. 370/2022, NM No.4547 of 2022 in Com. Suit No. 372/2022, NM No. 4187/2022 in Com. Sum. Suit No.375/2022, NM No. 4188 of 2022 in Com. Sum. Suit No. 376/2022 and in NM No. 738 of 2023 in Com. Sum. Suit No. 371/2022. Hence, adjourned.
Matter is adj. for Ex-parte Judgment to 18.08.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: None present.
As Court is busy in checking several orders of steno. Hence, matter is adjourned.
Matter is adj. for ex-parte Judgment to 19.09.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
As court is busy int passing order in NM No. 2829/2025 in disp. Com. Suit No. 666/2024, NM No. 1407/0025 in Com. Suit No. 1407/2025, NM No. 5127/2025 in disp. Com. Suit No. 102/2025 and hearing in other matters on board. Hence due to paucity of time matter is 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: None present.
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: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
None present for defendant.
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 18.10.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: Adv. Mamta Panigrahi present for plaintiff.
Court is busy framing of issues in Com. Suit Nos. 534/2021, 852/2024, 110/2022, 508/2022, 220/2023 and 24/2024 and dictating further Judgment in Com. Suit No. 549/2020. Hence due to paucity of time matter is adjourned.
Matter is adj. for ex-parte Judgment to 19.12.2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: None present.
Due to paucity of time matter is adjourned.
Matter is adj. for ex-parte Judgment to 05.01.2026.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
Heard ld. Adv of plaintiff.
Defendant is absent.
Matter is adj. for arguments to 12.01.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: None present.
KB.. Later on at 01.15 p.m.
Plaintiff has already made her argument. Hence, KB for Judgment.
None present for defendant.
Following Judgment is passed
For the reason separately recorded.
Operative part of order
1. Commercial Suit is partly decreed with costs.
2. Defendant shall pay amount of Rs.10,00,000/-(Rupees Ten Lakh Only) to plaintiff with interest @ 10% P.A. from 02.06.2018 till the date of decree with further interest @ 6% P.A. from the date of decree till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 12-01-2026