Date: 06-09-2018
Business: Adv. Priti Gaikwad for pltff present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to 14.11.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Adv. Pinky Gaikwad for pltff present.
Exh-5 Adv. Khawaja for deft. filed vakalatnama.
Adv. Khawaja for deft. submitted that the copy of plaint supplied to them does not have page no.8 considering the submission plaintiff is directed to provide fresh plaint to defendant.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Matter adjd to 26/11/18 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Priti Gaikwad for pltff present.
Adv. Khwaja for deft. present.
Copy of plaint served on deft.
Matter adjd to 20.12.2018 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv. Shobha Pawar for pltff present.
Adv. for deft. absent.
Matter adjd to 1.3.2019 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Gaikwad for pltff present.
Adv. B.M. Shaikh for deft. present.
Exh.5 - Affidavit of service filed by the pltff.
According to it deft served o 23.10.2018
KB
L.O.
Adv. Shobha Pawar for pltff present.
Adv. B.M .Shiakh for deft present.
Draft N/M tendered by deft.
Order- Leave is granted for registration.
Registered N/M tendered by pltff.
Heard argument of both the sides.
F.R.S.R. following order is passed.
Order in N/M no. 875/19
1. N/M 875/2019 allowed in terms of prayer clause (a) and (b)
2. Written statement be taken on record.
Copy of W/S served on deft.
Exh.6 - Written statement.
Matter adjd to 15.6.2019 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Court is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: None present for plaintiff.
Advocate U. A .Shaikh for defendant is present with defendant.
Adjourned for framing issues to 17.06.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: N.O.B. T.O.B.
ORDER BELOW EXHIBIT-1
On perusal of the plaint, it appears to me that the nature of the suit is commercial. Therefore, it is hereby directed to the Registry to register this suit as Commercial Suit.
Matter already adjourned to 17.06.2020.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for framing issues to 4/11/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 09.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for case management hearing to 19.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff.
None for defendant
On perusal of proceeding, draft issues are already submitted by both side.
Matter is adjd.to 05-02-2021 for framing issues/case
management hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Shobha Pawar for plaintiff is present.
None for defendant.
On perusal of proceeding it is noticed that no draft issues
are on record as observed in roznama dtd. 19-01-2021.
However, today issues are framed.
Exh.7 -Issues are framed.
Matter is adjd.to 01-03-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None for plaintiff and defendant.
Both side to submit schedule of case management hearing.
(In view of note-sheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit).
Matter is adjd.to 17.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Date: 04-10-2021
Business: Both parties are absent when matter called out.
Matter is adjd. To 16-10-2021 for case mang hrg
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Ms. Shobha Pawar for plaintiff present.
None for defendant.
Both sides are directed to file statement of admission or denial of documents with supporting affidavit and the defendant is directed to file statement of truth in support of written statement (Exh.6).
Matter is adjd.to 15-01-2022 for filing statement of
admission or denial of documents with supporting
affidavit by both sides and statement of truth in support
of written statement by the defendant.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 15-02 -2022 for filing statement of
admission or denial of documents with supporting
affidavit by both sides and statement of truth in support
of written statement by the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Shobha Pawar for plaintiff present and prayed for adjournment – short date be given.
None for defendant
Matter is adjd.to 02-03-2022 for filing statement of
truth by both sides and admission/denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Kavita Shah for plaintiff present and filed vakalatnama t.o.r. and marked as Exh.8
She also filed statement of truth in support of plaint t.o.r. and marked as Exh.9
Adv. B. M. Shah a/w Adv. Purvi Patkar alongwith defendant present and received copy of Exh. 9
Matter is adjd.to 28-03-2022 for filing statement of truth
and admission denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Kavita Shah for plaintiff present.
Adv. Tabrez a/w B. M. Shaikh a/w defendant present and filed statement of truth in supprt of WS Exh.6 t.o.r. and marked as Exh.10.
Matter is adjd.to 26-04-2022 for statement of truth and
admission and denial by defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Pushpa Thapa for plaintiff present.
Adv. B. M. Shaikh a/w Adv. Purvi Palkar for defendant present.
Matter is adjd.to 21-06-2022 for admission and denial by
both sides as a last chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Pushpa Thapa and adv. Kavita Shah for plaintiff present.
None for defendant when called. Defendant has not filed affidavit of admission denial till date.
Exh-11 Affidavit of admission denial filed by adv. for plaintiff. O- Seen
Adjd for case management hearing to 11/07/2022
L. O
Adv. Purvi Palkar for defendant present.
Exh- 12 Application for adjournment filed by adv. for defendant. O- Heard. Granted as last chance.
Adv. for plaintiff submitted that she has served copy of admission denial to defendant.
Adjd for filing admission denial by defendant as last chance to 11/07/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Kavita Shah for plaintiff present.
None for defendant when called. Sufficient opportunity given to defendant to file admission denial
admission and denial not filed by defendants till date.
Adjd for case management hearing to 01/08/2022
L. O
Adv. B. M. Shah for defendant present. Defendant present.
Exh-13 Admission denial filed by adv. for defendant. O- Seen Copy be served to plaintiff.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Kavita Shah for plaintiff present.
Adv. B. M. Shaikh for defendant present.
Exh-14 Case management order passed.
1. Filing list of witnesses by both sides on or before 12/08/2022.
2. Recording of evidence of plaintiff - on or before 26/08/2022.
3. For filing say on documents by defendant on or before 16/09/2022.
4. Hearing argument of both sides on document on or before 15/09/2022.
5. For passing order on admissibility of document on or before22/09/2022.
6. Further examination in chief of plaintiff and marking of documents on or before 30/09/2022.
7. For cross-examination examination of plaintiff on or before 21/10/2022
8. Evidence of witness of plaintiff to be recorded by conducting cross-examination on or before 11/11/2022.
9. Evidence of defendant to be recorded on or before 21/11/2022
10. Evidence of witness of defendant to be recorded on or before 05/12/2022.
11.Filing of written arguments by both sides on or before 13/12/2022.
12.For advancing oral arguments with time limit of two hours to either side. see Order XVIII Rule 2 3-F of the CPC on or before 19/12/2022.
Adjd for filing list of witness to 12/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Pushpa Thapa for plaintiff present. Defendant present.
Adv. Purvi Palkar h/f Adv. B. M. Shaikh for defendant present.
Exh- 15 List of witness of plaintiff. O- Seen.
Exh- 16 List of witness of defendant. O- Seen
Adjd for recording evidence to 26/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Kavita Shah h/f Adv. Pushpa Thapa for plaintiff present.
Witness of plaintiff present.
Adv. Purvi Palkar h/f Adv. B. M. Shaikh or defendant present.
Exh-17 Affidavit of evidence of Kirti Nayan Sawant filed. O- Read and recorded.
Exh- 18 List of document
Adjd for admission and denial of documents to 06/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Kavita Shah along with adv. Pushpa Thapa for plaintiff present.
Adv. B. M. Shaikh along with adv. Purvi Palkar for defendant present.
Affidavit of admission and denial filed by defendant. T.O.R marked as Exh.19 O- R and R. Copy be served to other side.
Heard both sides on point of admissibility of documents.
The defendant in their say at Exh.19 has admitted document at Sr. no. 1, 4, 10,12 and 13. As these documents are admitted by defendant, marked as exhibits as under
Exh-20 Original certificate of Registration dt. 23.12.2010 issued by sales tax officer, registration Branch, Mumbai
Exh-21 Office copy of Invoice dt. 05.10.2014 bearing No. 139 for Rs. 1575000/-
Exh-22 Office copy of the Invoice dt. 07.01.2015 bearing No. 241 for Rs. 64000/-
Exh-23 Office copy of Invoice dt. 06.02.2015 bearing No. 284 of Rs. 504/-
Exh-24 Office copy of invoice dt. 06.02.2015 bearing No. 285 for Rs. 4662/-
Adjd for further examination in chief of PW-1 to 30/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. Pushpa Thapa and adv. Kavita Shah for plaintiff present. Adv. B. M. Shaikh for defendant present and sought adjourned.
PW-1 present.
Adjd for further evidence to 18/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Kavita Shah for plaintiff present.
Adv. B. M. Shaikh for defendant present.
heard partly adv. Kavita Shah for plaintiff on marking of documents at Sr. No. 2to 53 of Exh.18.
Adjd for arguments Part heard regarding marking of remaining documents to 21/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Kavita Shah for plaintiff present.
Adv. B. M. Shaikh for defendant present. Defendant present.
Both counsels seeks time for argument on marking of document. Time Granted.
Adjd for recording evidence to 05/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Kavita Shah for plaintiff present.
Defendant present. Adv. B.M.Shaikh and Purvi Palkar for defendant present.
By consent of both parties matter adjourned to 19.12.2022 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Thapa for plaintiff present.
Defendant in person present
Adv. for defendant absent.
Both parties sought time
Adjd for recording evidence on 24.01.2023
LO
Adv. Purvi Palkar for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: CORAM H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv Ms. Kavita Shah for plaintiff present.
Defendant present and sought time for argument.
Case is adjourned on 12.04.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Pushpa Thapa for plaintiff is present and sought time for hearing. Granted.
None for defendant.
Case is adjourned for hearing to 14-06-2023.
L.O. at 12.04 pm
Adv. Purvi Palkar h/f B.M. Shaikh for defendant is present.
Next Purpose: HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Pushpa Thapa present for plaintiff.
Plaintiff witness absent.
Advocate Pushpa Thapa is seeking oral adjournment to lead evidence.
Defendant present. His counsel absent.
Perusal shows that, the plaintiff has examined Kirti Sawant on 26.08.2022 and since then both counsel are taking adjournment by consent.
Considering this aspect, evidence of plaintiff closed.
Matter adjourned to 24.08.2023for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Not on board, taken on Todays board.
Adv. Pushpa Thapa present for plaintiff.
Exh. 25- Application filed by plaintiff for taking matter on todays board.
Exh. 26- Application filed by plaintiff for taking out Notice of Motion for setting aside order dated 15.06.2023.
Exh.27- Notice of Motion filed by the plaintiff. O- Leave is granted to register it.
Exh.28- Affidavit in support of Notice of Motion filed by plaintiff.
Matter is already adjourned to 24.08.2023 for reply Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Kavita Shah present with plaintiff.
Defendant side called, but absent.
Exh.27- Notice of Motion No. 2783/2021 filed by plaintiff.
Matter adjourned to 25.09.2023 for NM reply filed defendant.
Later on at 15.00 Hrs.
Adv. B. M. Shaikh present with defendant.
Exh.28- reply filed by defendant to NM 2783/2021.
Matter adjourned to 25.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Pushpa Thapa present for plaintiff.
Adv. B. M. Shaikh present for defendant.
As Court is on leave, matter adjourned.
Matter adjourned by consent to 08.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Mehul Shah present for plaintiff.
Adv. B M Shaikh present with defendant Vipul.
Heard arguments of both sides.
FRSR following order is passed:
ORDER
1. Notice of Motion No. 102783 / 2023, is allowed.
2. Plaintiff is permitted to lead evidence by next date.
3. Proceeding of Notice of Motion No. 102783 / 2023 is closed.
4. Order dictated and pronounced in Open Court.
5. Record of Notice of Motion shall be part of main Commercial Suit No. 100281 / 2021.
Case adjourned to 05.01.2024 for recording evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Kirti Sawant V/s Vipul Rodrigues
Adv. Kavita Shah present for plaintiff.
Defendant side called, but absent.
Later on at 12.40 Hrs.
Adv. Kavita Shah present for plaintiff.
Plaintiff witness Kirti Sawant present.
Adv. Purvi Palkar present with defendant Vipul Rodrigues.
Exh.30
Original certificate of registration of Marriage Dt. 07.01.2010.
Exh.31
Office copy of Invoice No.135, Dt. 05.10.2014.
Exh.32
Email Dt. 07.05.2015 by plaintiff to defendant.
Exh.33
Office copy of Invoice No.180, Dt. 25.11.2014.
Exh.34
Email Dt. 27.11.2014 by plaintiff to defendant.
Exh.35
Office copy of Invoice No.197, Dt. 04.12.2014.
Exh.36
Email Dt. 04.12.2014 by plaintiff to defendant.
Exh.37
Office copy of Invoice No.283, Dt. 06.02.2015.
Exh.38
Office copy of Invoice No.286, Dt. 06.02.2015.
Exh.39
Office copy of Invoice No.287, Dt. 06.02.2015.
Exh.40
Office copy of Invoice No.288, Dt. 06.02.2015.
Exh.41
Office copy of Invoice No.289, Dt. 06.02.2015.
Exh.42
Office copy of Invoice No.290, Dt. 06.02.2015.
Exh.43
Office copy of Invoice No.291, Dt. 06.02.2015.
Exh.44
Office copy of Invoice No.292, Dt. 06.02.2015.
Exh.45
Office copy of Invoice No.293, Dt. 06.02.2015.
Exh.46
Office copy of Invoice No.294, Dt. 06.02.2015.
Exh.47
Office copy of Invoice No.295, Dt. 06.02.2015.
Exh.48
Office copy of Invoice No.296, Dt. 06.02.2015.
Exh.49
Office copy of Invoice No.297, Dt. 06.02.2015.
Exh.50
Office copy of Invoice No.298, Dt. 06.02.2015.
Exh.51
Office copy of Invoice No.299, Dt. 06.02.2015.
Exh.52
Office copy of Invoice No.300, Dt. 06.02.2015.
Exh.53
Office copy of Invoice No.301, Dt. 06.02.2015.
Exh.54
Carbon Copy of Challan No. 258, Dt.09.01.2015.
Exh.55
Carbon Copy of Challan No. 267, Dt.09.01.2015.
Exh.56
Office copy of Invoice No.302, Dt. 06.02.2015.
Exh.57
Email Dt.06.11.2014 by defendant to plaintiff.
Exh.58
Office copy of Invoice No.303, Dt. 06.02.2015.
Exh.59
Office copy of Invoice No.304, Dt. 06.02.2015.
Exh.60
Office copy of Invoice No.305, Dt. 06.02.2015.
Exh.61
Office copy of Invoice No.306, Dt. 06.02.2015.
Exh.62
Office copy of Invoice No.307, Dt. 06.02.2015.
Exh.63
Office copy of Invoice No.308, Dt. 06.02.2015.
Exh.64
Office copy of Invoice No.309, Dt. 06.02.2015.
Exh.65
Office copy of Invoice No.310, Dt. 06.02.2015.
Exh.66
Office copy of Invoice No.311, Dt. 06.02.2015.
Exh.67
Office copy of Invoice No.312, Dt. 06.02.2015.
Exh.68
Office copy of Invoice No.313, Dt. 06.02.2015.
Exh.69
Office copy of Invoice No.327, Dt. 18.02.2015.
Exh.70
Office copy of Invoice No.354, Dt. 18.02.2015.
Article A
Photocopy of Invoice Dt. 28.04.2015.
Exh.71
Carbon Copy of Challan No.56, Dt. 30.04.2015.
Exh.72
Carbon Copy of Challan No.60, Dt. 09.05.2015.
Exh.73
Certified Bank Statement for period Dt.01.04.2014 to Dt.31.03.2015.
Exh.74
Ledger Account maintained by plaintiff regarding transaction with defendant.
Article B
Printout of Return submission receipt, for period 01.04.2015 to 30.09.2014.
Article C
Printout of Return submission receipt, for period 01.10.2014 to 31.03.2015.
Exh.75
Original Invoice No.014, Dt. 27.06.2014.
Exh.76
Original Invoice No.015, Dt. 27.06.2014.
Article D
Photocopy of Invoice No. 016, Dt.28.06.2014
Exh.77
Original Invoice No.017, Dt. 28.06.2014.
Article E
Photocopy of Invoice No. 018, Dt.28.06.2014
Article F
Photocopy of Invoice No. 019, Dt.28.06.2014
Exh.78
Original Invoice No.020, Dt. 28.06.2014.
Article G
Printout of Invoice No. 021, Dt.28.06.2014.
Article H
Printout of Invoice No. 022, Dt.28.06.2014.
Article I
Printout of Invoice No. 023, Dt.28.06.2014.
Article J
Printout of Invoice No. 040, Dt.28.06.2014.
Article K
Printout of Invoice No. 041, Dt.28.06.2014.
Article L
Printout of Invoice No. 042, Dt.28.06.2014.
Article M
Printout of Invoice No. 043, Dt.28.06.2014.
Article N
Printout of Invoice No. 044, Dt.28.06.2014.
Article O
Printout of Invoice No. 045, Dt.28.06.2014.
Article P
Printout of Invoice No. 046, Dt.28.06.2014.
Article Q
Printout of Invoice No. 034, Dt.11.09.2014
Article R
Printout of Invoice No. 071, Dt.14.01.2015.
Article S
Printout of Invoice No. 072, Dt.14.01.2015.
Article T
Printout of Invoice No. 073, Dt.14.01.2015.
Article U
Printout of Invoice No. 074, Dt.14.01.2015.
Article V
Printout of Invoice No. 075, Dt.14.01.2015.
Article W
Printout of Invoice No. 076, Dt.14.01.2015.
Article X
Printout of Invoice No. 077, Dt.14.01.2015.
Article Y
Printout of Invoice No. 078, Dt.14.01.2015.
Article Z
Printout of Invoice No. 079, Dt.14.01.2015.
Article Z1
Printout of Invoice No. 080, Dt.14.01.2015.
Article Z2
Printout of Invoice No. 081, Dt.14.01.2015.
Article Z3
Printout of Invoice No. 082, Dt.14.01.2015.
Article Z4
Printout of Invoice No. 083, Dt.14.01.2015.
Article Z5
Printout of Invoice No. 084, Dt.14.01.2015.
Article Z6
Printout of Invoice No. 085, Dt.14.01.2015.
Article Z7
Printout of Invoice No. 086, Dt.14.01.2015.
Article Z8
Printout of Invoice No. 087, Dt.14.01.2015.
Exh.79
Email Dt. 14.05.2015 by defendant to plaintiff.
Exh.80
Ledger Account maintained by plaintiff regarding transaction with defendant for period 01.04.2015 to 31.03.2016.
Exh.81
Email Dt.05.08.2015 by defendant to plaintiff.
Exh.82
Printout of Ledger Account maintained by defendant regarding transaction with plaintiff for period 01.04.2014 to 17.03.2015.
Exh.83
Office copy of notice sent by Advocate of plaintiff to defendant Dt. 02.06.2018.
Exh.84
Reply Dt 13.06.2018 by Counsel of defendant to the counsel of plaintiff.
On oral request of both counsel matter adjourned to 06.02.2024.
Case adjourned to 06.02.2024 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Kirti Sawant V/s Vipul Rodrigues
Adv. Kavita Shah present with plaintiff.
Plaintiff witness Kirti Sawant present.
Adv. B. M. Shaikh with Adv. Purvi Palkar present for defendant.
Defendant Vipul Rodrigues present.
Perusal shows, Plaintiff witness Kirti Sawant has filed her evidence-affidavit on 05.01.2024. On same day, she has exhibited her documents from Exh. 30 to Exh.84.
Today, plaintiff side has tried to submit additional evidence-affidavit of same witness Kirti Sawant. However, there is no application seeking permission of Court to file additional affidavit.
Plaintiff to take appropriate steps.
Additional affidavit if any, be returned to plaintiff.
Suit adjourned to 18.03.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Adv. Kavita Shah present for plaintiff.
Plaintiff Kirti sawant present.
Adv. Mayur Mokashi present for defendant.
Defendant Vipul Rodrigues present.
Exh. 85 Vakilpatra of defendant.
Exh. 86 application filed by plaintiff.
Exh. 87 draft Notice of Motion filed by plaintiff seeking permission for filing additional affidavit of evidence.
Exh.88 affidavit of Exh. 87.
Leave is granted to register Notice of Motion.
Suit adjourned to 26.04.2024 for Notice of Motion.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Kirti Sawant V/s Vipul Rodrigues
Adv. Dipti Jadhav present for plaintiff.
Adv. Abhijeet Mangade present for defendant.
Registered Notice of Motion No. 101415 / 2024 filed by plaintiff.
Exh.89- Reply filed by defendant to Notice of Motion.
Suit adjourned to 19.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Kirti Sawant Vs. Vipul Rodrigues
Adv. Kavita Shah present for plaintiff.
Adv. Srushti Pawar present for defendant.
Exh.90 - Rejoinder filed by plaintiff.
Suit adjourned to 10.09.2024 for arguments on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Pushpa Thapa present for plaintiff.
Adv. Mayur Mokashi present for defendant.
Suit is pending for arguments on Notice of Motion No. 101415 / 2024.
Both sides are seeking oral adjournment for arguments.
Parties to argue on next date.
Suit adjourned to 21.11.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Kavita Shah present for plaintiff.
Adv. Abhijeet Mangle present for defendant.
Defendant Vipul Raodrigues present.
Suit is kept back for arguments.
Later on at 12.30 Hrs.
Adv. Kavita Shah present for plaintiff.
Adv. Abhijeet Mangle present for defendant.
Defendant Vipul Raodrigues present.
Exh.91- Additional affidavit in lieu of examination-in chief plaintiff.
Exh.92- Additional compilation of documents of plaintiff.
Heard both sides on Notice of Motion No. 101415/ 2024.
Through Notice of Motion No. 101415 / 2024, plaintiff is seeking permission to file additional affidavit and additional documents.
Perused Record.
Heard both Learned Counsels.
Relevant dates for the purpose of Notice of Motion are as follows -
15.06.2018 - Suit is filed.
01.03.2019 - Written Statement is filed.
05.02.2021 - Issues are framed
26.08.2022 - Plaintiff filed evidence affidavit of PW1 Kirti.
22.09.2022 - Documents of plaintiff are exhibited.
14.06.2023 - As plaintiff failed to lead evidence, Court closed evidence of plaintiff.
25.07.2023 - Plaintiff filed Notice of Motion No. 102783 / 2024 for reopening of evidence.
24.08.2023 - Reply filed by defendant to said Notice of Motion.
08.11.2023 - Notice of Motion No. 102783 / 2024 is allowed by the Court and plaintiff is permitted to lead evidence.
05.01.2024 - Further examination of plaintiff is recorded. On same day plaintiff requested for adjournment. Accordingly, further examination-in-chief is adjourned.
18.03.2024 - Vakilpatra filed by defendant.
26.04.2024 - Notice of Motion No. 101415 / 2024 is filed by plaintiff (present Notice of Motion), seeking permission to file additional documents as Certificate U / Sec. 65-B and office copy of Notice Dt. 25.01.2024, allegedly sent by plaintiff to defendant.
Notice of Motion is strongly opposed by defendant.
If any party, for technical reasons, is deprived of raising its case, then it may result in improper adjudication. That may lead to complexity in the dispute and may also lead to multiplicity of litigation. If that happens, then it drags the parties into further litigation, causing serious prejudices to them. Hence, it is always in the interest of justice that, both contesting parties are provided sufficient opportunities to raise their contentions and to prove their case.
Perusal shows that, said documents are of technical nature. No prejudice would be caused to defendant, if permission is granted to plaintiff to file those documents. In view of above discussion, Notice of Motion deserves to be allowed.
Chronology stated above shows that, plaintiff is taking its own time to lead evidence. Hence, present Notice of Motion needs to be saddled with cost. In given facts and circumstances, cost of Rs. 10,000/- (Rs. Ten Thousand) would be just, legal and proper. Accordingly, following Order is passed -
ORDER
1. Notice of Motion No. 101415 / 2024 is allowed, subject to payment of Cost of Rs. 10,000/- (Rs. Ten Thousand Only). Out of said cost, Rs. 7,000/- (Rs. Seven Thousand) be paid to defendant and Rs. 3000/- (Rs. Three Thousand) be paid to DLSA, Mumbai.
2. Plaintiff shall pay said Cost by next date.
3. If plaintiff pays the Cost by next date, then additional evidence affidavit and additional documents filed by plaintiff be taken on record, forthwith.
4. If plaintiff fails to pay the Cost, then the Suit shall proceed further.
5. Parties be informed about their right to challenge this Order and period of limitation for it.
6. Order pronounced in Open Court.
7. Record of Notice of Motion No. 101415 / 2024 shall be part of Commercial Suit No. 100281 / 2021.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.12.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Kavita Shah present for plaintiff.
Plaintiff witness Kirti Sawant present.
Adv. Abijeet Mangde present for defendant.
Defendant Vipul Rodrigues present.
Exh.93- Pursis filed by plaintiff regarding compliance of cost as per Order dt. 21.11.2024.
Defendant is seeking oral adjournment for cross-examintion.
Parties to expedite.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 24.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Ms. Kavita Shah present for plaintiff.
Adv. Ms. Shrushti Pawar present for defendant.
Plaintiff witness Kirti Sawant present.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 15.04.2025 for further examination in chief.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Adv. Pushpa Thapa for plaintiff present.
None present for defendant.
Exh.94 Adjournment application filed by advocate for the plaintiff.
O. Other side to say.
Say not filed. for the reason stated in the application matter stands adjourned to 23-06-2025 for further examination in chief.
Later on
Adv. Abhijeet Mangade for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Adv. Pushpa Thapa for plaintiff present.
Adv. Shrushti Pawar h/f adv. Abhijeet Mangade for defendant present.
Adv for the plaintiff submit that witness is not present and short time may be granted as witness will be coming from Pune on next date for further examination in chief and marking of documents. So put up case for further examination in chief and marking of documents.
Matter stands Adj to 24-07-2025 for further examination and marking of documents.
Later on
Respondent present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Adv.Pushpa Thapar i/b Kavita Shah for plaintiff present.
Adv. Srushti Pawar h/f Adv. Abhijeet Mangade for defendant present.
Exh.95 Adjournment application filed by advocate for the plaintiff.
O. Other side to say. Reply filed by defendant.
Heard both parties. Suit is for further examination in chief and marking of documents. On last date advocate for plaintiff made a submission that witness will be coming from Pune and again adjournment application is moved. Reason for adjournment mentioned in the application is ailment of plaintiff daughter. It is a suit of year 2021. As a last chance adjournment is granted subject to costs of Rs.1,000/- payable to DLSA, Mumbai.
Matter stands Adj to 15-09-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: NOB/TOB
Copy of CIS roznama regarding compliance of order dated 24.07.2025 along with endorsement of Superintendent PLA Section is received on 08.09.2025. O-Seen.
Matter already adjd to 15-09-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: Adv. Kavita Shah for plaintiff present.
Plaintiff- Kirti Nayan Sawant is present.
Defendant Vipul Rodrigues is present.
Advocate for defendant absent.
Exh.96 Compliance pursis filed by plaintiff. Costs deposited by plaintiff.
Kept back. Later on at 12.55 pm
Same appearance for plaintiff.
Adv. Srushti Pawar h/f Adv. Abhijeet Mangade for defendant present.
Here, in this case plaintiff filed two evidence affidavit and two compilation of documents. It appears when the then Presiding officer recorded further examination in chief at that time Certificate u/s 65-B of Evidence Act though filed but it was not signed. For the very reason, the then Presiding Officer had marked many emails with Articles numbers. Subsequently, plaintiff tendered 65-B Certificate and now plaintiff want the court to Exhibit those emails which are already marked with articles numbers. Considering huge number of documents and time required to do it, today it is not possible to take this matter. Hence, matter stands Adj to 20-11-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: Adv. Kavita Shah for plaintiff present.
PW-1 Kirti Nayan Sawant is present.
Adv. Srushti Pawar h/f Adv. Abhijeet Mangade for defendant present.
Matter stands Adj to 28-01-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: Adv. Kavita Shah for plaintiff present through VC.
Plaintiff’s witness No.1 Kirti Sawant present through VC.
Adv. Srushti Pawar h/f Adv. Abhijeet Mangade for defendant present.
Defendant Mr. Vipul Rodrigues is present.
On 15.09.2025 plaintiff produced Certificate u/s 65-B of Indian Evidence Act prior thereto various documents are marked with exhibit numbers and article as well. In view of production of Certificate u/s 65-B of Indian Evidence Act further examination in chief is required to be recorded and some of the documents which were already marked with Article number has to be given exhibit number. Advocate for plaintiff submit that considering the volume of documents some time may be given to her so that she will physically remain present in Court to point out particular document.
Matter stands Adj to 31-01-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: Adv. Kavita Shah for plaintiff present.
PW-1 Kirti Sawant is present through VC.
Adv. Srushti Pawar h/f Adv. Abhijeet Mangade for defendant present.
Kept back for further examination in chief and marking of documents. Later on at 12.25 pm
Same appearance for plaintiff and defendant.
Plaintiff’s witness is on VC. O. Oath administered.
On 05.01.2024 and 24.01.2025 the then Presiding Officer recorded further examination in chief of PW-1 whose affidavit is at Exh.17 which was filed on 26.08.2022. However, it appears in further examination in chief while marking documents, affidavit of evidence is incorrectly marked at Exh.18 instead of Exh.17. In fact evidence affidavit of Ms. Kirti Sawant is at Exh.17 and Exh.18 is the list of documents. So in presence of both the advocates necessary correction is carried out in further examination in chief.
It appears that on 24.01.2025 during further examination in chief the then Presiding Officer marked 4 documents with exhibit number Exh.94 to 97. However, that has not been recorded in the roznama. Even it is not recorded in the roznama that further examination in chief was recorded on that day. Its because of said omission on 15.04.2025 adjournment application was given exhibit number 94. On 24.07.2025 adjournment application moved by plaintiff was marked Exh.95. Compliance pursis filed by plaintiff was marked as Exh.96.
It is necessary to correct exhibit numbers of above referred two adjournment applications and one pursis. Hence, exhibit numbers of these three documents stands corrected as Exh.98, 99 and 100.
Exh.101
:
Printout of Return submissions receipt period 01.04.2014 to 30.09.2014 (Said document was earlier marked as Art-B on 05.01.2024. Subsequent thereto plaintiff filed Certificate u/s 65-B (4) of Indian Evidence Act. Though said Certificate is marked with exhibit number but was not signed by the then Presiding Officer. So it is signed today. In view of para No.6 of Exh.94 said Return is marked with exhibit number).
Exh.102
:
Printout of Return submissions receipt period 01.10.2014 to 31.03.2015 (Said document was earlier marked as Art-C on 05.01.2024. Subsequent thereto plaintiff filed Certificate u/s 65-B (4) of Indian Evidence Act. In view of para No.7 of Exh.94 said Return is marked with exhibit number).
Further examination in chief is recorded and completed.
Matter stands Adj to 04-03-2026 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Adv. Kavita Shah for plaintiff present.
Plaintiff Ms. Kirti Sawant is present through VC.
Adv. Srushti Pawar for defendant present.
Today matter is posted for cross examination of PW-1. Advocate for defendant is submit that her senior is not available due to ailment. So time may be granted for cross examination of PW-1. Considering the genuine reason, matter stands adjourned for cross examination of PW-1.
Matter stands Adj to 17-04-2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: Adv. Kavita Shah for plaintiff present.
Plaintiff Mrs. Kirti Sawant is present.
Defendant Mr. Vipul Rodrigues is present.
Kept back for cross examination of PW-1. Later on at 01.10 pm
Same appearance for plaintiff.
Adv. Abhijeet Mangade for defendant present.
Defendant Mr. Vipul Rodrigues is present.
Advocate for defendant submit that due to ailment of defendant he is not having complete instructions to conclude the cross examination and he will ask few preliminary question and matter may be adjourned for cross examination. On previous date on oral request time was granted for cross examination considering ailment of advocate for defendant. Witness is present for cross examination since 11.00 am. Witness says she came from Pune. Advocate for plaintiff submit that if this was a situation advocate for defendant should have inform her in advance. In such circumstances, matter stands adjourned for cross examination of PW-1 subject to costs of Rs.3,000/- payable by defendant to PW-1.
Costs is paid to PW-1 by cash.
Matter stands Adj to 25-06-2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: Adv. Pushpa Thappa i/b Adv. Kavita Mungse is present for plaintiff and prayed for adjournment as the PW-1 is unable to remain present and intimation in advance given to adv. Jadhav. O-Adjournment granted subject to keeping the witness present on next date without failed.
Adv. Nitin Jadhav h/f adv. Abhijeet Mangade present for defendant.
Matter stands Adj for R/E to 24.07.2026 at 02.45 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2026
Date: 24-07-2026
Business: Matter is at 02.45 pm
Adv. Kavita Shah for plaintiff present through VC.
Adv. Mayur Mokashi for defendant present.
Both the advocates submitted that the matter is already settled and they need two weeks time to file consent terms.
O- Two weeks time granted.
Matter stands Adj to 10-08-2026 for filing consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 10-08-2026
Date: 10-08-2026
Business: Adv. Kavita Shah for plaintiff present through VC.
Plaintiff and defendant are present through VC.
Adv. Shrushti Pawar for defendant present through VC.
Both the advocates and the parties prayed for time to file consent terms.
O- Suit is in the target list. Hence, last chance granted to settle the matter.
Matter stands Adj to 05-09-2026 for filing consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 05-09-2026
Date: 05-09-2026
Business: As per Office Order No.270 of 2026 dated 04.09.2026, on 05.09.2026 holiday declared. Hence, board of 05.09.2026 is adjourned.
Matter stands Adj to
Next Purpose: CONSENT TERM
Next Hearing Date: 09-10-2026