Date: 06-08-2018
Business: Adv. Sudhakar lakhani Present for the Plff.
Adv. Tejasawi Gaichor Present for the Deft.
Adv. Ms. Gauri S. Rao For Filed VP. t.o.r. and sought time to file WS. Time granted.
Adj. For WS on 05/09/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: None Present for the Plff.
Adv. Ms. Tejshree Gaichour Present for the Deft.
On the oral request of the Ld counsel for the Deft. time Granted for filing WS as last chance.
Adj. for WS on 05/10/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Ms. Vaijanti Patil Present for the Plff.
Adv. Arushi Shah Present for the Deft.
Ld counsel for the Deft submitted that parties are negotiation of settlement terms. However for filing WS period of 90days is over. Hence suit proceeded without WS against the Deft.
Adj. For Ex-parte Evidence on 22/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Ms. Patekar Present for the Plff.
Adv. Ms. Tejshree Gaichure Present for the Deft. Proceeded without WS.
Ld counsel for the Plff tendered original writ of summons.
Ld counsel for the plff tendered service affidavit. t.o.r.
Ld counsel for the plff sought time for filing ex-parte evidence. Granted.
Adj. For Ex-parte Evidence on 15/04/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Representative of Plff inperson present.
Adv. Pooja Mistri Present for the Deft. Suit proceeded without WS.
On the oral request of the Representative of Plff. Adj. granted.
Adj. for Ex-parte Evidence on 29/07/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Representative of plaintiff present.
Adv. Tejshree Gaichure for defendant present. (Without WS).
Matter adjd for R/E on 19/09/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Lakhani for plaintiff present.
Adv. Tejshree Gaichure for defendant present. (Without WS).
PW-01 is present.
Exh.5 Evidence affidavit of PW-01 Shaji John. TOR.
Exh.6 List of documents. TOR.
Matter adjd for admission or denial on 18/12/2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Lakhani for plaintiff present.
Adv. Tejashri for defendant present.
Ld Adv. appearing for deft seeks time to file admission and denial. Time granted.
Matter adjd for Admission and denial on 12/03/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Representative of plaintiff present.
None for defendant present.
Last chance granted to file say on document of plaintiff.
Matter adjd for admission and denial as last chance to 20-03-2020 at 11.00 am
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for admission and denial to 13.04.2020.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: National Lockdown
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for filing reply on list of documents filed by the plff. to 10/11/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Advocate Mr. Lakhani for plaintiff is present.
None present for defendant.
Adjourned for case management hearing to 12.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Lakhani for plaintiff is present.
Advocate Nilesh Bhise for defendant is present.
PW - 1 Shaji John is present, in view of evidence affidavit vide Exh. 5, documents @ Exh. 6 are marked as follows-
Exh. 7 colly - Invoices (13), period from 11th March, 2007 till the month May, 2017.
Exh. 8- Copy of statement of the defendant in the books of accounts of the plaintiff during 01.04.2017 to 31.03.2018.
Exh. 9 - Copy of notice dated 15-12-2017 from plaintiff\''s adv. to defendant @ postal acknowledgement.
Exh. 10 - pursis.
Matter is adjd.to 11-02-2021 for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mr. Sudhakar Lakhani for plaintiff present.
None for defendant.
In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and notesheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 11.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mr. Sudhakar Lakhani for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 16.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 21.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
Heard argument of Adv. Sudhakar Lakhani for plaintiff.
Matter is adjd.to 21-08-2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
Judgment – Exh. 11
F.R.S.R the following order passed -
1. Commercial Suit No. 252/21 is decreed.
2. The defendant is directed to pay amount of Rs. 31,90,639/- (Rupees Thirty-one Lakhs Ninety Thousand Six Hundred Thirty Nine Only) (Principal amount of Rs. 27,55,758/-) with interest of Rs. 4,34,881/-) to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 18% p.a. on the principal amount of Rs. 27,55,758/- to the plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 21-08-2021