Date: 08-11-2019
Business: by preceipy,
Adv. Rahul Raut for plaintiff present.
He filed draft NM. t.o.r.
O- Leave granted to register it.
NM be served upon defendants through bailiff.
Issued Writ of summons against the defendant for settlement of issues and filing W/S.
Adjd. To 30.11.2019 for NM service.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Dipesh Siroya for plaintiff present.
Adv. Malcolm Sinanporia Jinal Vani I/b Jennefer N. and associates appeared for defendant no 1 and 2, and undertakes to file V/N on next date.
Plaintiff is directed to file affidavit of service relating to defendant no 3.
Adjourned for reply and W/s of defendant no 1 and 2 and service report of defendant no 3.
Adjourned to 13.12.2019 for reply and service report.
Next Purpose: REPLY
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Deepesh Siroya for plaintiff present.
Adv. Jinal Vani for defendant no 1 and 2 present.
Adv. Sonali Salaskar for defendant no 3 present.
Exh 2 Adv. for defendant no 1 and 2 filed V/N t.o.r
Exh3 Adv. for defendant no 3 also filed V/N t.o.r
They waived service of Writ of summons.
Reply filed by defendant no 1 and 2
Copy served to plaintiff.
Adjourned for NM hearing to 10.01.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: By preceipy,
Adv. Jihan Vani for defendant no 1 and 2 present.
Exh.4 She filed W/s on behalf of defendant no 1 and 2 t.o.r.
Copy be served upon plaintiff.
Already adjourned to 10.01.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present. for plaintiff.
Adv. Malclm Siganporia along with Ms. Jinal Vani I/b M/s. Jhangiani Narula and associates present.
Adv. Sonali Salaskar for defendant No. 3 present.
She filed reply to NM 4233/19. t.o.r.
Copy be served upon plaintiff.
Today matter is for Nm hearing but neither plaintiff nor his adv. are present. In the interest of justice matter is adjourned for NM hearing in default for order.
Adjourned for NM hearing at 11.00 a.m to 20.01.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: None present for plaintiff.
Adv. Jinal Vani for defendant No. 1 and 2 present.
KB
LO
Adv. Dipesh Siroya for plaintiff present and tendered registered NM 4233/19 t.o.r.
Adv. Salaskar for defendant No. 3 present.
He tendered registered NM 328/20 t.o.r.
Say filed by adv. for
Adv. Mr. Mallom Siganporia along with Adv. Jinal Vani for defendant No. 1 and 2 present.
Heard both sides on NM No.328 of 2020
Following order is passed below Notice of Motion No.328/2020
Perused notice of motion, affidavit in support of it, reply of plaintiff and roznama of proceeding. Heard respective counsel for parties.
Notice of motion is taken out by the defendant No.3 for condoning delay caused in filing written statement and to take the same on record.
It is the contention of defendant No.3 that writ of summons was served upon them on 27.11.2019. Due to vacations their advocate was not available so authorised signatory of these defendant could not contact their advocate for finalizing the written statement. Consequently, they failed to file their written statement within stipulated period. It is further contended that as soon as their advocate resumed their authorised signatory contacted her and finalized written statement. But, delay has already been caused in filing written statement. It is further contended that delay caused is not intentional or willful. Accordingly, they made prayer in above terms.
Plaintiff through advocate filed reply on notice of motion itself and leave it to the discretion of this Court.
On perusal of roznama it appears that defendant No.3 appeared through their advocate on 13.12.2019 and their advocate waived service of writ of summons. However, defendant No.3 fairly conceded that writ of summons was served upon them on 27.11.2019. They ought to have filed written statement within 30 days from the date of service of summons but they failed to do so. They have taken out present notice of motion on 18.01.2020. Thus, there is delay of about 22 days in taking out present notice of motion. They assigned reason of non availability of advocate due to vacation as reason for not filing written statement within stipulated period. Reason assigned appears to be bona-fide as it is clear that as soon as advocate resumed written statement has been finalized. Therefore, considering the amended proviso to Order VIII Rule 1 of CPC applicable to the commercial dispute, I am inclined to allow present notice of motion subject to imposition of costs. Hence, pass following order-
ORDER
1. Notice of Motion No.328 of 2020 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- (Rupees one Thousand only) to the plaintiff on or before 27.01.2020.
Defendant No.3 is at liberty to deposit costs payable to the plaintiff in the Court.
2. After payment of costs, defendant No.3 has to file their written statement on next date i.e. 27.01.2020.
3. Accordingly, notice of motion is disposed off.
With consent of parties adjourned to 27.01.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Dipesh Siloya for plaintiff present.
Adv. Siganporia for defendant No. 1 and 2 present.
With consent of parties matter is adjourned to 1.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv Dipesh Shiroya for plff present.
Adv Sigarporia for deft no. 1 and 2 present.
He filed reply to NM no. 4233/2019. t.o.r.
Matter stands Adj for hearing on NM to 13/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv Deepesh Shiroya for plff present.
Adv Malcolm Singaporia a/w Adv Jinal Vani for deft no. 1 and 2 present.
Adv Saraskar for deft no. 3 present.
Heard both parties on NM 4233/2019.
Matter stands Adj for NM order to 15/02/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv Tejas Shah for plff present.
F. R. S. R. following order is passed -
Order
Notice of Motion No. 4233 of 2019 is rejected.
Matter stands Adj for compliance to 25/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Yash Shah for plff present.
Adv Jeenal Vani for deft no. 1 and 2 present.
Deft no. 3 is absent.
Deft no. 3 has not paid cost of Rs. 1000/- to the plff as per order dated 20/01/2020 in NM No. 328/2020 inspite of sufficient opportunities. Hence, deft no. 3 is proceeded without written statement.
Both parties are directed to complete inspection of all documents in their possession before next date.
Matter stands Adj for admission and denial to 11/03/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: HHJ is on leave today.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None 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 15/4/2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 21/10/2020 for admission and denial .
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2020
Date: 21-10-2020
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.143/2020 dtd. 09/10/2020 of this Court.
Matter adjd to 11.11.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 01.12.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate for plaintiff absent.
Adv. Zinal Wani for defendant no. 1 and 2 present.
Perused entire suit as per the provision of Commercial Court Act, it was upon plaintiff to file original document and statement of truth @ plaint. Procedure also lay down by commercial court that is defendant also filed original document @ statement of truth with written statement. However, in the present suit neither plaintiff nor defendant observed the procedure of Commercial Court Act, failed to file document and statement of truth @ their pleading. Hence, both the parties are directed to comply their pleading according to the procedure of commercial court Act.
Both the parties are directed to take note of this order.
Matter adjd to 21.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
Adv.Jinal Vani for defendant No.1,2 present
ADv. Sonal Salaskar for defendant No. 3 present.
In view of order dtd. 01.12.2020 specific direction was issued, however, plaintiff fail to comply absent today.
Matter adjd to 07.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani for defendant No.1 and 2 present.
Adv.Sonali Salaskar for defendant No.3 present.
Statement of truth, Exh.6 filed by Adv.Mr.Sharma t.o.r.
Compilation of documents, Exh.7 filed by Adv.Mr.Sharma t.o.r.
Matter adjd to 14.01.2021 for filing statement of truth of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv. Dipesh Siroya for plaintiff present.
Adv.Jinal Vani for defendant no. 1 and 2 present.
Advocate for defendant filed Statement of Truth. O- allowed.
List of documents
Matter adjd to 28-01-2021 for admission and denial of documents
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani for defendant nos.1 and 2 present.
Adv. for deft.nos.1 and 2 filed statement of admission and denial of deft.1 and 2, Exh.10 t.o.r. O-filed.
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LO
Same appearance.
Adv.of plaintiff filed statement of admission and denial, Exh.11 t.o.r.
O-filed.
Matter adjd to 20.02.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Court is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Rahul Raut i/b Advocate Dipesh Siroya for plaintiff present.
Adv. Jinal Vani i/b M/s.Jhangiani Narula and associates for defendant No.1 present.
Issues framed, Exh.12
Matter adjd to 30/03/2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Jinal Vani i/b.Jhangiani, Narula & Associates for defendant no.1 and 2 present.
Matter adjd to 07.04.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Amar Gharte for plaintiff present.
Adv.Ms. Jinal Vani for defendant No.1 & 2 present.
On oral request of Adv. for plaintiff matter adjd to 28.04.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adv. Mr. Dipesh Siroya for plaintiff present.
None for defendant.
Due to rise in Covid cases.
Matter is adjd to 25.06.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: PO is on leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv.Dipesh Siroya for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 13.07.2021 for list of witnesses.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. Dipesh U. Sitroya for plaintiff present.
Adv. Ms.Jinal Vani for defendant Nos. 1 and 2 present.
Adjd to 17.08.2021 for filing list of witnesses.
Next Purpose: FOR___________________
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.Jhangiani Narula for defendant No.1 and 2 present.
Defendant No.3 absent.
The defendant No.1 and 2 filed list of witnesses, Exh.13 t.o.r.
Matter adjd to 25.08.2021 for filing list of witnesses by the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani h/f.M/s.Jhangiani Narula and associates for defendant No.1 and 2 present.
The plaintiff tendered list of witnesses, Exh.14 t.o.r.
Matter adjd to 20.09.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv.Tanmay Karmorkar i/b.Adv.Dipak Siroya for plaintiff present.
Adv.Mahek Choudhary i/b.Jhangiani Narula and Associates for defendant No.1 and 2 present.
The parties have not filed admission and denial a/w. affidavit in support. Hence, parties are directed to compliance the same, so that case management hearing can be proceeded.
Matter adjd to 11.10.2021 for compliance and case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Sonam Ghiya M/s.Jhangiani Narula and Associates for defendant No.1 and 2 present.
Plaintiff requested time to file admission and denial.
The defendant No.1 and 2 have tendered affidavit of admission and denial t.o.r. It is marked as Exh.15. Copy of same is furnished to other side. Endorsement to that effect is made.
Matter adjd to 10.11.2021 for admission and denial by the plaintiff/CMH.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/h.M/s.Jhangiani Narula and Associates for defendant No.1 and 2 present.
On oral request of plaintiff, matter adjd to 26.11.2021 for admission and denial as last chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Devsingh Deora h/f.Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narulla and Associates for defendant No.1 and 2 present.
The defendant has tendered admission and denial on 11.10.2021. On last date last chance was granted to the plaintiff to file admission and denial. The plaintiff failed to file admission and denial, hence, case to proceed without admission and denial of plaintiff. Parties are directed to file list of witnesses.
Matter adjd to 17.12.2021 for Case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant No.1 and 2 present.
The plaintiff filed application for setting aside order of no admission and denial, Exh.16. O-Otherside to say.
Copy of same is furnished to defendant No.1 and 2. Endorsement to that effect is made.
KB
LO at 01.31 pm,
Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant No.1 and 2 present.
The defendant No.1 and 2 filed reply, Exh.17 to application, Exh.16. Copy of same is furnished to Plaintiff. Endorsement to that effect is made.
Heard both parties on Exh.16. Detailed handwritten order is passed on Exh.16 thereby order of no admission and denial of plaintiff is set aside subject to costs of Rs.1,000/-. Plaintiff is allowed to file admission and denial. Plaintiff complied with order as to costs. The defendant No.1 and 2 have accepted the costs. The plaintiff tendered affidavit of admission and denial, Exh.18 t.o.r. Copy of same is furnished to defendant No.1 and 2. Endorsement to that effect is made.
ORDER BELOW EXH.1
No admission and denial by defendant No.3.
Matter adjd to 07.01.2022 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.21 pm,
Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.Jhangiani Narula and Associates for defendant Nos.1 and 2 present.
Heard both the sides on case management hearing.
Order on Case Management Hearing
Date
Stage
04.02.2022
Recasting of issues and filing of affidavit of evidence by the plaintiffs witness PW-1
On or before 09.02.2022
Exhibitions of documents
On or before 16.02.2022
Cross-examination of plaintiffs witness PW-1 by the defendant
On or before 25.02.2022
Filing of affidavit of evidence by the plaintiffs witness PW-2
On or before 07.03.2022
Cross-examination of plaintiffs witness PW-2 by the defendant
On or before 15.03.2022
Filing of affidavit of evidence by the defendants witness DW-1
On or before 25.03.2022
Cross-examination of defendants witness DW-1 by the defendant.
On or before 31.03.2022
Filing of affidavit of evidence by the defendants witness DW-2
On or before 08.04.2022
Cross-examination of defendants witness DW-2 by the defendant.
On or before 19.04.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
On or before
Judgment
Matter adjd to 04.02.2022 for Filing of affidavit of evidence by the plaintiffs witness PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Amit Morya h/f Adv. D. U. Siroya present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 09/02/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv.Amit Mourya i/b.Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant No.1 and 2 present.
In view or oral request and SOP dated 06.01.2022, matter adjd to 16.02.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv.Amit Mourya h/f.Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and associates for defendant No.1 and 2 present.
Plaintiff wants to file adjournment application, hence, kb.
LO at 03.46 pm,
Adv.Amit Mourya h/f.Adv.Dipesh Siroya for plaintiff present. He filed adjournment application, Exh.19 t.o.r.
Matter adjd to 25.02.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None present for plaintiff.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant Nos.1 and 2 present.
ORDER BELOW EXH.1
Plaintiff is absent. Read the order of CMH. Schedule for trial is already fixed.
KB
LO at 04.30 pm
ORDER BELOW EXH.12
Read the issues framed at Exh.12. Fact of payment made is not disputed. The disputated aspect is in respect of fact whether amount is paid is refundable or not ? Hence, Issue No.1 and 2 are not relevant, hence, they are deleted and in place of them following issue is framed.
ISSUES
1) Whether the plaintiff proves that, amount of Rs.25,00,000/- paid by him is refundable or not?
Matter adjd to 04.03.2022 for filing of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None present for plaintiff.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant Nos.1 and 2 present.
KB
LO at 11.51 pm,
Adv.Dipesh Siroya for plaintiff present.
Adv.Jinal Vani i/b.M/s.Jhangiani Narula and Associates for defendant Nos.1 and 2 present.
KB
LO at 12.24 pm,
Same appearance.
The plaintiff filed application to produce the additional documents t.o.r. and marked as Exh.20.
The defendants filed handwritten reply below the application.
Heard the parties.
ORDER BELOW EXH.20
The plaintiff wants to produce documents related to SMS exchanged between the parties. The plaintiff yet to file affidavit of evidence, hence, permission to file additional documents is allowed.
The plaintiff tendered affidavit of evidence of Mr.Naveed Siddiqui (PW-1). It is taken on record and marked as Exh.21.
The plaintiff tendered list of additional documents. It is taken on record and marked as Exh.22.
Copies of affidavit of evidence and additional documents are furnished to the defendant. Endorsement to that effects are made.
Matter adjd to 16.03.2022 for admission and denial by defendant in respect of additional documents, marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Dipesh Siroya present for plaintiff.
Adv. Mr. Aurup Dasgupta a/w Ms. Jinal Vani i/b M/s Jhangiani, Narula & associates present for defendant Nos.1 and 2.
The defendant tendered admission and denial in respect of additional document. t.o.r .and marked as exh.23. Copy of same is received by the plaintiff.
Heard argument from both sides on admissibility of documents.
Matter adjd to 25.03.2022 for order on marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Court on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv.Sujith Suresh h/f.Adv.Dipesh Siroya for plaintiff present.
Adv.Priyanka Pandey i/b.Jhangiani Narula and Associates for defendant No.1 and 2 present.
Heard both the sides on marking of documents and case management hearing.
KB for marking of documents and CMH.
LO at 04.45 pm
As Court time is over, matter is adjd to 15.06.2022 for marking of documents/CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv Amit Maurya h/f adv Dipesh Siroya present for plaintiff.
Adv Priyanka Pandey I/b M/s Jhangiani, Narula and Asso. present for defendant Nos.1 and 2.
Matter adjd to 18.07.2022 for CMH and marking of documents.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Dipesh Siroya Present for Plff.
Adv. Aurup Dasgupta a/w adv Sonam Ghiya I/b M/s. Jhangiani , Narua and Associates Present for Deft.
Heard argument of adv of both parties on the point of marking of documents
Adj. For Order of marking of documents on 22/07/2022.
Next Purpose: ORDER
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present.
KB. LO 1.30
Adv. Amit Mourya h/f Adv. Dipesh Siroya Present for Plff.
Adv. Sonam Ghiya Present for Deft no.1 and 2.
PO is busy in recording evidence in COM SU No. 93/2021.
Adj. For Order Marking of document on 03/08/2022.
Next Purpose: ORDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Amit Mourya Present for Plff.
Adv. Priynaka Pandey I/b M/s. Jhangiani, Narula & Associates for deft no.1 and 2.
Order passed below Ex.21
On the point of marking of documents. Following documents are marked exhibit
Ex.24 - confirmation letter in respect of payment.
Ex.25 - Letter dt.10/08/2018.
Ex.26 - Letter dt. 14/08/2018.
Ex.27 - letter dt. 22/09/2018.
Adj. For Cross examination of PW-1 on 30/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Amit Mourya Present for Plff.
Adv. Sonam Ghiya Present for Deft no.1 and 2.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 21/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Saurabh Chitanies h/f Adv. Arun Panickar Present for Plff.
Adv. Aishah Shekhani I/b Jangiani, Narula and Associates Present for Deft no.1 and 2.
None Present for Deft no.3.
PW-1 absent. Adv of plff seeks adjournment on the ground that he is newly appointed advocate and yesterday he has received papers of this case. Adj. Granted.
Ex.28 - VP filed by Adv Arun Panickar On behalf of plfff.
Adj. For Cross examination of PW-1 on 10/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Saurabh Chitanis I/b Arun Panikar Present for Plff.
Adv. Aishah Shekhani I/b jhangiani Narula and associates Present for Deft no.1 and 2.
Adv of seeks adjournment on the ground that there is family problem at the house of PW-1. Otherside has given no objection. Adj. Granted as a last chance.
Adj. For Cross examination of PW-1 on 04/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Saurabh Chitanis h/f Adv. Arun Panichkar Present for Plff.
Adv. Singhdha Mankar I/b M/s. Jhagiani Narula and Associates for D-1 and 2.
Ex.32 - Adv of plff has filed application for adjournment on the ground that PW-1 is not able to remain present as he is out of Mumbai for business purpose. Otherside has given reply that appropriate order be passed. Previously plff has sought adjournment on the ground of family problem and before that on the ground that newly appointment of advocate. The reason is for adjournment is not reasonable and sufficient. Hence it is not desirable to grant adjournment, hence application is rejected. Evidence of plff hereby closed.
Adj. For Evidence of Deft on 18/11/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Savrabh Chitanis Present for Plff.
Adv. Anup Das Gupta I/b Jhanginani Narula and Associates Present for Deft no.1 and 2.
Ex.33 - Adv of deft has filed chief examination of DW-1 Mrs. Jennifer N. Sanjana
DW-1 present, oath given to the witness.
Deft has filed compilation of document at Ex.09. Adv of plff contended that deft be directed to supply the copy of document. According the adv of deft he has already supplied the copy to the plff on 16/12/2021. hence request of adv of plff is rejected.
Adj. For Marking of document and Cross examination of DW-1 on 09/12/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Vinay Nair h/f Adv. Arun Panickar Present for Plff.
Adv. Aurup Dasgupta a/w Ms. Sonam Ghiya I/b M/s. Jhangiani, Narula and Associates Present for Deft no.1 and 2.
DW-1 present.
Adv of plff seeks adjournment to take cross examination of DW-1 on the ground that senior advocate is not present. However this is not reasonable ground to grant adjournment. As such to have an opportunity adj. Granted subject to costs of Rs.1000/- to be paid to Deft no.1 and 2.
Adv of plff has filed draft NM along with affidavit for recalling order dt.04/11/2022. Leave granted to register NM. Copy served to otherside.
Adj. For NM returnable and Costs of Rs.1000/- to be paid to Deft no.1 and 2 on 12/01/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Arun Panickar Present for Plff.
Adv. Aurup Dasgupta a/w Sonam Ghiya and Aishah Shekhani I/b M/s Jhangiani Narula and associates Present for Deft no.1 and 2.
None Present for Deft no.3.
adv of plff has tendered register NM 4989/22 along with affidavit.
Exh.34. - Adv of deft has filed reply to NM 4989/22. Copy served to otherside.
Adv of plff seeks time to serve copy of NM 4989/22 to deft no.3. granted.
Today adv of plff has paid costs of Rs.1000/- to deft no.1 and 2.
Adj. For Affidavit of service in respect of NM to deft no.3 and hearing on NM 4989/22 on 08/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Savrbh Chintnis h/f Arun Panickar of plaintiff present.
Adv. Mr. Aurup Dasgupta a/w ms. Sonam Ghiya for Deft.No.1&2 present.
Exh.35 Adv of plaintiff has filed service affidavit with e-mail print in respect of NM. no. 4989/22 to defendant no.3. It shows that defendant no. 3 served with NM on 12.01.2023.
Case adjourned for reply on NM by defendant no.3. to 02.03.2023
Next Purpose: REPLY
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Matter transferred and received from Court Room No.02.
Adv. Chaurabh Chitanis h/f Adv. Arun Panickar Present for Plff.
Adv. Sonam Ghiya Present for Deft no.1 and 2.
Adv. Keystone Realltors Present for Deft no.3.
Adv of deft no.3 has given say on overleaf of NM 4989/22.
Adj. For Hearing on NM 4989/22 on 31/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Shri Saurabh Chitnis h/f. Arun Panicker for plaintiff present.
Adv. Smt. Aishah Shekhani i/b. Jhaniani, Narula and associates for defendant present.
KB
LO at 1.45 p.m.
Advocate Shri. Arun Panicker a/w. Adv. Saurabh R. Chitnis for plaintiff present.
Advocate Aurup Dasgupta a/w. Ms. Sonam Ghiya and Ms. Aishah Shekhani i/b. Jhaniani, Narula and associates for defendant present.
Heard argument of both the parties on NM 4989/22.
Case adjourned for Order on NM 4989/22 to 20/04/2023.
Next Purpose: NM ORDERS P.H.
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. Saurabh Chitnis i/b. Arun Panickar Present for Plff.
Adv. Sonam Ghiya i/b. M/s. Jhangiani, Narula and Associates present for Deft.
F.R.S.R. following order passed on NM 4989/22.
1. Notice of Motion No. 4989 of 2022 is allowed as under.
2. Order dtd.04/11/2022 regarding closure of evidence of plaintiff is recalled subject to cost of Rs.1,500/- to be paid to defendants till next date.
Adj. For Compliance of above order on 26/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: 26.06.2023
55
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 154/2019
Adv. Saurabh i/b Adv. Panickar for plaintiff present.
Adv. Sonam Ghiya i/b Jhangiani Narula for defendant present.
Ld. Adv. for plaintiff paid costs of Rs. 1000/- to the ld. Adv. of defendant.
Ld. Adv. for defendant submitted that, order pass by this Court on 20.04.2023 in NM 4989/2022 has been challenged by the defendant in the Hon’ble Bombay High Court. Next date in the said matter is 10/07/2023.
Adjd to 21/07/2023 for evidence of plaintiff.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Saurabh Chitnis for plaintiff is present.
Adv. Dikshika Hemnani i/b Jhangiani Narula Associates
for defendant is present.
Ld. Advocate for the defendant submitted that against
the order dt. 20.04.2023 passed by this Court in NM
No. 4989/2022, the defendant has filed a Writ petition
therefore, present proceedings may kindly be stayed.
O- Perused the roznama on the last date i.e on
26.06.2023 similar submissions was made on behalf of
the defendants. Admittedly there is no stayed granted
to the present proceedings. The plaintiff seeks to file
draft NM for leave of the Court to file additional
documents. Therefore, in absence of any stay to the
present proceedings by Hon’ble High Court, a leave is
granted to the plainitff to register NM. Copy is already
served to the other side. Defendant is directed to file
status report a/w copy of proceedings filed by them
before the Hon’ble High Court.
Matter is adj for NM returnable and compliance by defendant to 07/08/2023
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv. Arun Panickar for plaintiff is present.
Adv. Drshika Hemnani i/b Jhagiani, Narula & Associates for def. nos. 1 & 2 is present.
Exh. 36 - Status report pertaining to Writ Petition No. 7293/2023 filed by the def. nos. 1 and 2 before the Hon’ble Bombay High Court.
Ld adv for def. nos. 1 & 2 submitted that the next date before the Hon’ble High Court is 22.08.2023 therefore, the matter may kindly adjourned.
Ld. adv. for plaintiff tendered registered NM No. 2732/2023. Copy is served on the other side.
Matter is adj for reply on NM No. 2732/2023 to 30/08/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Adv. Saurabh Chitnis for plaintiff is present.
Adv. Sonam Ghitya i/b Jhangiani Narula and Associates for def. nos. 1 and 2 is present and filed reply on behalf of def. no. 2 only on NM No. 2732/2023. She submitted that she does not wish to file reply on behalf of def.no.1. Copy of reply served to other side.
None present for def. no. 3.
Matter is adj for rejoinder to 27/09/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Saurabh Chitnis h/f Adv. Arun Panickar for plff present.
Adv. Sonam Ghiya i/b Jhangiani Narula and Associates for deft no. 1 & 2 present. She informed that deft no. 1 & 2 has approached the Hon’ble High Court against order passed by this court on 20.04.2023. She fairly informed that no stay has been granted by the Hon’ble High Court to the present matter.
None present for deft no. 3.
The Ld adv of plff has submitted that plff does not want to file rejoinder.
O- Till today the reply of deft no. 3 on NM no. 2732/23 has not been filed. Hence NM shall be heard without the reply of deft no. 3.
Adjd. to 26.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Arun Panickar for plaintiff is present.
Adv. Sonam Ghiya i/b M/s. Jhangiani and associates for def. is present and submitted that the advocate on record is on his legs before Hon’ble High Court, therefore, matter may kindly be adjourned.
O- Other side has not objected for the adjournment. Therefore, by consent of both the parties matter is adj for NM hearing to 28/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: Adv. Saurabh Chitnis for plaintiff is present and requested for adjournment on the ground that his senior is held up before the Hon’ble High Court.
Adv. Milind Mane i/b Jahangiani Narula and associates for def. is present and requested to KB the matter.
O- Adjournment granted as last chance to the plaintiff.
Matter is adj. for NM for hearing to 07/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Adv. Fernandes i/b Adv. Arun Panickar for plaintiff is present.
Adv. Sonam Ghiya i/b M/s Jhangiani Narula and associates for def. nos. 1 and 2 is present and pointed out the order passed by Hon’ble High Court on 06.02.2024 in Writ Petition No. 7293/2023.
ORDER : In view of the order passed by the Hon’ble Bombay High Court, the further proceeding in the matter is deferred.
Matter is adj. for stayed to 01/04/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Adv. Rashmi More i/b Adv. Arun Panickar for plaintiff is present.
Adv. Dishika Hemnani i/b Jhangiani N Narula dn Associates for def. nos. 1 and 2 is present and submitted that the suit is stayed for by Hon’ble Bombay High Court vide order dt. 06.02.2024 passed in Writ Petition No. 7293/2023.
Matter is adj. for stayed to 01/07/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: Adv. Rashmi More i/b Adv. Arun Panickar for plaintiff is present.
Adv. Sonam Ghiya i/b M/s Jhangiani Narula and associates for def. nos. 1 and 2 is present.
Ld. advocates of both the sides submitted that, the matter has been settled before the Hon’ble Bombay High Court and Consent Terms were also filed before the Hon’ble High Court.
Exh.37 – Withdrawal application.
Later on at 11.55 a.m.
Adv. Rashmi More i/b Adv. Arun Panickar for plaintiff is present.
Plaintiff is present and submitted that, matter is settled between the parties and he has received the settlement amount.
Adv. Sonam Ghiya i/b M/s Jhangiani Narula and associates for def. nos. 1 and 2 is present.
Order Below Exh. 37
In view of settlement between the parties, withdrawal of the suit is hereby allowed.
Order below Exh.1
1. Both parties have settled the matter before the Hon’ble Bombay High Court hence, Suit stands disposed off.
2. Court fees be refunded as per rules.
Order below Notice of Motion No.2732/2023.
As the main suit is withdrawn hence, the Notice of Motion is hereby disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-07-2024