Date: 07-12-2019
Business: Adv. Abhishekh Bhaduri for plaintiff present.
Issue summons to the defendant.
Matter adjd to 30/01/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Divya for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service.
Adv. Anita Vasani for defendant filed undertaking for filing vakalatnama on next date. O- the vakalatnama be filed on next date.
The Ld advocate on behalf of the defendant submitted that though the defendant received the summons, the annexures with the summons were not received. The advocate for plaintiff resisted to it contending that the annexures were sent with the summons. However, later Ld advocate for plaintiff shown readiness to serve another copy of annexures on the defendant\''s advocate in order to save time and to skip minor controversies. Hence, the Ld advocate on behalf of the plaintiff to serve the copy of annexures on the defendant\''s advocate.
Adjd for 07-02-2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Abhishek for plaintiff
None for defendant
kb
LO at 1.30pm
Adv. Anita Wasani for defendant filed
Exh.6 -Vakalatnama on behalf of defendant.
The Ld advocate on behalf of the defendant admitted that copies of annexures to the plaint have been served on 30.01.2020. She requested to grant time for filing written statement.
The matter is adjd for filing written statement to 24-02-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Amey Kumar for plaintiff
Adv. Anita wasani for defendant filed written statement on behalf of defendant.
Adjd for production of original documents if any to 19-03-2020
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv. Gole 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 08/04/2020 for filing document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-10-2020
Date: 05-10-2020
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.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 27/10/2020 for filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
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 12/11/2020 for filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 11.12.2020 for filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Gaurav Purohit for plaintiff present.
Plff and defendant failed to file original documents alongwith statement of truth on record. As per the procedure of Commercial Court Act it was neessaty to the parties to file statement of truth alongwith documents. However, both the parties failed to file statement of truth alongwith copies of documents.
Both the parties are driected to take steps according to the procedure of Commercial Court Act on next date positively.
Adjd to 15/1/2021 for compliance.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Kunjal Patil i/b. King Stubb ad Kasiva for plaintiff present.
None present for defendant.
Statement of truth, Exh.8 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination in chief filed by Adv. of plaintiff, Exh.9 t.o.r. O-filed.
List of documents filed by Adv. of plaintiff, Exh.10 t.o.r.
O-filed.
Matter adjd to 03.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Kunjal Patil i/b. King Stubb and Kasiva for plaintiff present.
None present for defendant.
KB
LO
Adv.Kunjal Patil i/b. King Stubb and Kasiva for plaintiff present.
None present for defendant.
Adv. of plaintiff filed pursis, Exh.11 in respect of admission and denial of documents.
The defendant had not filed the say in respect of admission and denial of documents. The necessary consequence to flow against the defendant for not filing his say to the admission and denial of the documents.
Ld.adv. for the plaintiff submits that the suit be posted for issues.
Matter adjd to 20.03.2021 for framing issues/statement of truth
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv.Amiy Kumar for plaintiff present.
None present for defendant.
Draft issues filed by Adv. of plaintiff t.o.r.
Issues framed, Exh.12.
Matter adjd to 05.04.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv.Gaurav Purohit for plaintiff present. He seeks time to file witness list. O-time granted.
None present for defendant
Matter adjd to 17.04.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-04-2021
Date: 17-04-2021
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 26.04.2021
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 03.05.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 24.06.21 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 30.6.2021 for Case management hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 30.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv.Kunjal Patil i/b. King Stubb and Kasiva for plaintiff present.
None present for defendant.
Adv.of plaintiff filed List of witnesses, Exh.13 t.o.r O-filed.
KB
LO at 02.50 pm
Adv.Kunjal Patil i/b. King Stubb and Kasiva for plaintiff present.
Heard Ld. Adv. for the plaintiff on the case management hearing. The defendant absent for the submissions. Stage of admission and denial has been completed on 03.03.2021. Since, then the case is pending for case management hearing. Due to SOP in Pandemic case was not proceeded. Considering the scope of trial, I passed the following order for case management.
Order on Case Management Hearing
In the present case, the issues are framed in accordance with Order XIV of the Code of Civil Procedure. The plaintiff has filed list of witnesses. The defendant has not filed the list of witnesses. It is find that there are issues of fact and law which require to be tried hence, I passed the following order and fix the scheduled for trial as follows
Date
Stage
12.08.2021
Tendering list of witnesses by defendant
18.08.2021
Tendering evidence by plaintiff.
25.08.2021
Cross-examine the witness of the plaintiff by the defendant.
02.09.2021
Tendering evidence by defendant.
08.09.2021
Cross-examination of defendants witness by the plaintiff.
17.09.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
24.09.2021
Judgment
Matter adjd to 12.08.2021 for filing list of witnesses by defendant.
Next Purpose: FOR___________________
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Mr.Gaurav Purohit i/b KSK for plaintiff present.
None present for defendant.
As per case management, today the case is fixed for tendering list of witnesses by the defendant. The defendant has failed to do so.
Hence matter adjd to 18.08.2021 as per schedule of CMH for evidence of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Gaurav Purohit i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
KB
LO at 01.45 pm
Adv.Gaurav Purohit i/b.King Stubb and Kasiva for plaintiff present and filed adjournment application, Exh.14 t.o.r. O-Time granted.
Matter adjd to 02.09.2021 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.06 pm
Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
KB for filing evidence.
LO at 12.38 pm
Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Witness Mr.Ibrahim Hakki Guntay, PW-1 present. He tendered affidavit of evidence. Affidavit of evidence is read and recorded and marked at Exh.15 subject to leave for condonation of delay in filing the affidavit of evidence as per case management hearing.
Matter adjd to 08.09.2021 for marking of documents and consideration of leave to condone the delay in filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Matter pertains to Cr. No. 32
Adv. Amey Kumar for plaintiff present and filed draft NM @ affidavit for condonation of delay to file affidavit of evidence t.o.r and leave is granted to register NM.
Matter is already adjd. to 17.09.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plaintiff.
Adv.Pramila Prajapati i/b.M/s.Pandey and Company for defendant present.
KB
LO at 12.33 pm
Adv.Amey Kumar i/b.King Stubb and Kasiva for plaintiff present.
Adv.Rahul Pandey i/b.M/s.Pandey and Company for defendant present.
The plaintiff tendered registered notice of motion No.2031/2021 a/w. affidavit in support. Copy is received by the advocate of defendant. Endorsement to that effect is made by the defendant.
Matter adjd to 24.09.2021 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Adv.Rahul Pandey i/b.Pandey and Co. for defendant present.
The defendant filed reply on NM.
Heard both parties.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.2031 of 2021 is allowed.
2. The delay in filing affidavit of evidence of PW No.1 is condoned.
3. Affidavit of evidence filed at Exh.15 is read and recorded.
4. The Notice of Motion No.2031/2021 is disposed off accordingly.
Matter adjd to 11.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present for plaintiff.
Adv.Pramila Prajapati i/b.Pandey and Co. for defendant present.
The case is pending for marking of documents. Records shows that parties have not filed admission and denial as per the require format of Commercial Courts Act. Parties are directed to comply with the same.
Ld.Adv.for the defendant submits that the defendant has not received copy of evidence of PW-1. The plaintiff to comply.
Matter adjd to 27.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Amey Kumar present for plaintiff.
Adv. Pramila Prajapati present for defendant.
The plaintiff furnish copy affidavit of documents to the defendant which he has filed at Exh.09. Endorsement is made as received. The defendant submits that copy of evidence is not received.
Matter adjd to 24.11.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Adv.Pramila Prajapati i/b.Pandey and Co. for defendant present.
The plaintiff filed statement of admission and denial, Exh.16 t.o.r.
Copy of same is received by Adv.of defendant. Endorsement to that effect is made.
Matter adjd to 16.12.2021 for filing admission and denial by deft./CMH hearing/marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for plaintiff.
Adv.Pramila Prajapati for defendant present.
The defendant filed admission and denial t.o.r. marked as Exh.17.
Copy of same is kept on record for furnishing it to the plaintiff.
Matter adjd to 04.01.2022 for marking of documents and cross-examination.
LO at 12.20 p.m.
Adv. Amiy Kumar i/b King Stubb and Kasiva for plaintiff present.
He received copy of admission and denial filed by the defendant.
********************************************************
Document at Sr.No.5 schedule No.1 is Bank statement. It is photocopy marked as Art-X
Document at Sr.No.1 schedule 1, RBI permission. It is photocopy marked as Art-X1
Document at Sr.No.2 is Power of Attorney. It is photocopy marked as Art-X2
Document at Sr.No.3 Leave and License dated 15.04.2011. Existence and correctness of contents are admitted by the defendant. Hence it is marked as Exh.
Document at Sr. No.4 is supplementary agreement. Existence and correctness of contents are admitted by the defendant. Hence it is marked as Exh.
Document at Sr. No.5 cheque. It is photocopy, marked as Art-X3
Document at Sr. No.6 email dated 17.03.2016, admitted by the defendant. Hence marked as Exh.
Document at Sr. No.7 email dated 15.07.2016, not duly proved hence marked as Art-X4
Document at Sr. No.8 demand Notice dated 14.07.2017. Existence, issuance and custody is admitted by the defendant. Hence, marked as Exh.
Document at Sr.No.9 reply letter dated 24.07.2017, admitted by defendant. Hence marked as Exh.
Document at Sr. No.10, plaintiff\''s letter dated 20.11.2018 alongwith postal acknowledgement. It is office copy of the letter. It is marked as Exh. colly.
Document at Sr. No.11 non starter report. It is marked as Art-X5.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Prashant Dingrani for plaintiff present.
Defendant in person present.
Heard.
KB for order of marking of documents.
LO at 5.00 p.m.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. Document at Sr.No.5 is schedule No.1 is Bank statement. It is photocopy marked as Article-X.
2. Document at Sr.No.1 is schedule 1, RBI permission. It is photocopy marked as Article-X1.
3. Document at Sr.No.2 is Power of Attorney. It is photocopy marked as Article-X2.
4.Document at Sr.No.3 is Leave and License dated 15.04.2011. Existence and correctness of contents are admitted by the defendant. Hence it is marked as Exh.18.
5. Document at Sr. No.4 is supplementary agreement. Existence and correctness of contents are admitted by the defendant. Hence it is marked as Exh.19.
6. Document at Sr. No.5 is cheque. It is photocopy, marked as Article-X3.
7. Document at Sr. No.6 email dated 17.03.2016, admitted by the defendant. Hence marked as Exh.20.
8. Document at Sr. No.7 is email dated 15.07.2016, not duly proved hence marked as Article-X4.
9. Document at Sr. No.8 is demand Notice dated 14.07.2017. Existence, issuance and custody is admitted by the defendant. Hence, marked as Exh.21.
10. Document at Sr.No.9 is reply letter dated 24.07.2017, admitted by defendant. Hence marked as Exh.22.
11.Document at Sr. No.10 is plaintiff\''s letter dated 20.11.2018 alongwith postal acknowledgement. It is office copy of the letter. It is marked as Exh.23 colly.
12. Document at Sr. No.11 is non starter report. It is marked as Article-X5.
Matter adjd to 25.01.2022 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 8/02/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Prashant Digani present for plaintiff.
Defendant in person present.
Witness is absent.
On oral request of ld. advocate for the plaintiff, matter adjd to 07/03/2022 for Cross/CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
KB
LO at 12.26 pm,
Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Adv.Pramila Prajapati M/s.Pandey and Co. for defendant present.
The defendant filed application for adjournment t.o.r. and marked as Exh.24. O-Heard the plaintiff and defendant. Witness is absent. Considering the reason stated in the application adjournment granted.
Matter adjd to 28.03.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Amiy Kumar h/f. King Stubb and Kasiva for plaintiff present.
Defendant present. His Adv.absent.
Plaintiff\''s witness present.
KB
LO at 01.29 pm,
Adv.Amiy Kumar h/f. King Stubb and Kasiva for plaintiff present.
Defendant present.
Adv.Rahul Pandey for defendant present.
The Ld.Adv.for the plaintiff submits that the document at Page No.79-80 is not marked as exhibit. Heard both parties on the admissibility of this document. Keep for order.
Matter adjd to 11.04.2022 for order/R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Adv.Pramila Prajapati h/f.Pande and Co. for defendant present.
KB for order.
LO at 03.50 pm,
Order passed regarding Admissibility Of Documents-Photocopy Of Agreement For Security Deposit (Page No.79 and 80)
By separate order passed below Exh.15, photocopy of agreement of security deposit (Page No.79 and 80) is marked as Article-X6.
Matter adjd to 05.05.2022 for cross-examination of plaintiff and CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: None present for plaintiff.
Adv. Ms. Pramila Prajapati present for defendant.
KB
L.O. at 11.34 a.m.
Adv. Mr. Amiy Kumar present for plaintiff.
KB
L.O. at 12.33 p.m.
Adv. Mr. Amiy Kumar present for plaintiff.
Adv. Mr. Rahul Pandey for the defendant present.
Witness Mr. Ibrahim Hakki Guntay present.
Cross-examination of PW No.1 Mr. Ibrahim Hakki Guntay is commenced and concluded.
The advocate for plaintiff submits that the plaintiff is closing evidence and evidence close pursis will be filed on next date.
Heard the parties on reschedule of CMH.
Matter adjd to 20.06.2022 for CMH and defendants evidence.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv Prashant Tingarani present for plff.
None present for Deft.
On previous date adv of plff has submitted that, he will file evidence closure pursis but today also he has not file evidence closure pursis. Hence side of plff to adduce evidence is closed.
Case adj. For Evidence of Deft on 14/07/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Prashant Dingrani for plaintiff present.
Defendant present. His advocate absent.
Defendant has filed statement of truth at Exh.25.
Defendant has filed affidavit in respect of documents filed by plaintiff at Exh.26.
Defendant has filed list of witnesses at Exh.27.
Defendant has filed original documents with list Exh.28.
Witness of defendant Manoj Seksarik is present. He filed affidavit of chief-examination at Exh.29.
Oath given to witness in Hindi language. He admitted its contents as true and correct. Heard advocate of plaintiff on the point of marking of documents filed by defendant. Photocopies of those documents are on record with written statement. Today defendant has filed its original. These documents are referred in chief-examination. Hence, documents filed with list Exh.28 are marked as under.
Exh.30 Acknowledgement letter dtd.08.04.2019
Exh.31 Advocate letter dtd.17.02.2020.
Exh.32 police complaint dtd.18.02.2020
Exh.33 Email dtd.11.04.2016
Case adjourned for cross-examination of DW-1 to 03.08.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None Present for Plff.
Deft present.
KB. Lo 12.15.
Adv. Prashant Digrani Present for Plff.
Adv. Rahul Pandey Present for Deft.
Ex.25-Adv of plff filed adjournment application. Other side to say.
Adv of deft given no objection to grant adjournment. Adjournment granted as a last chance.
Adj. For Cross Examination of DW on 06/09/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Suryakant Choudhary Present for Plff.
Adv. Rahul Pandey Present for Deft.
DW present, partly recorded cross examination.
Adv of defts seeks adjournment for further cross examination as he is not feeling well due to tooth ake. Adj. granted.
Adj. For Further cross examination on 22/09/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Date: 14-10-2022
Business: Adv. Amiy Kumar Present for Plff.
Adv. Rahul Pandey a/w Suchita Pandey Present for Deft.
Deft present.
Court busy in other cases in arguments hence matter kept in second sessions but Adv of plff seeks adjournment on the ground that in second session he is busy in another court and hence case be adjourned. Adj. Granted.
Adj. For Cross examination of DW-1 on 10/11/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Shri Amiy Kumar for plaintiff present.
Defendant present.
Exh.34 Advocate of plaintiff has filed adjournment application on the ground that counsel of plaintiff is not feeling well. He has annexed medical certificate alongwith this application.
Considering the ground adjournment granted.
Case adjourned for cross-examination of DW-1 to 6.12.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None Present for Plff.
Deft in person present.
KB LO 1.30 pm.
DW-1 present.
Representative of plaintiff and its counsel are absent. Hence no further cross examination of DW-1.
Exh.35- Adv of deft has filed evidence closure pursis. t.o.r.
Adj. For Argument on 23/12/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Jagtap Present for Plff.
Deft present.
Exh.36 Adv Santosh S. Jagtap has filed photocopy of NOC of earlier adv of plff and undertakes that he will file VP on behalf of plff on next date and prayed for adjournment of this case. Adj. Granted.
Adj. For Final Argument and VP of Adv of plff on 07/01/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Santosh Jagtap Present for Plff.
Adv. Rahul Pandye Present for Deft.
Deft present.
Exh.37- VP filed by Adv. Santosh Jagtap on behalf of plff.
Adv plff seeks adjournment on the ground that today he has filed on behalf of Plff. Adv of deft objected to grant adjournment. As such to have an opportunity adjournment granted subject to costs of Rs.500/- to be paid to deft.
Adj. For Argument and Costs on 23/01/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: (Matter pertiains to CR-32)(By precipe)
Adv.Shri. Amar K. Shilwant for plaintiff present and filed draft NM alongwith affidavit in support. O-Leave granted to register NM.
Adv. for plaintiff undertakes to serve the copy of NM to other side.
None present for defendant.
Matter is already Adj. for NM Service and Argument and cost on 23/01/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: None Present for Plff.
Adv. Pramila Prajapati I/b M/s Pandey and Company Present for Deft.
Plff has not tendered registered NM 252/23.
Adv of deft contended that plff has not paid costs of Rs.500/- as per order dt. 07/01/2023.
Exh.38 - Adv of deft has filed reply to NM 252/23. Copy be supplied to otherside.
Adj. For Hearing on NM 252/23 and Costs on 03/02/2023.
LO 12.54.
Adv. Santosh Jagtap Present for Plff.
Adv of plff tendered registered NM 252/23 along with affidavit.
Adj. For Hearing on NM 252/23 and Costs on 03/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Amar Shilvant h/f Santosh Jagtap Present for Plff.
Adv. Pramila Prajapati I/b M/.s Pandey and Company Present for Deft.
Adv of plff seeks adjournment for hearing on NM. Granted.
Adj. For Hearing on NM 252/23 as last chance and Costs of Rs.500/- to be paid to deft on 20/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: None Present for Plff.
Adv. Pramila Prajapati M/s. Pandey and Company Present for Deft.
KB 12.30 pm.
Adv. Santosh Jagtap Present for Plff.
Adv. Pramila Prajapati M/s. Pandey and Company Present for Deft.
Adv of deft as received costs of Rs.500/- as per order dt.07/01/2023.
Heard argument of adv of plff on NM 252/23.
adv of deft seeks time for hearing on NM 252/23 on the ground that advocate on record is busy in another court. Granted.
Adj. For Hearing/ Order on NM 252/23 on 01/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Santosh Jagtap Present for Plff.
Adv. Rahul Pandey I/b Pandey and Company Present for Deft.
Heard argument adv of both parties.
F.R.S.R. following order passed on NM 252/23.
1. Notice of Motion No. 252 of 2023 is allowed as under.
2. Plaintiff is allowed to take further cross-examination of DW-1 subject to cost of Rs.2,000/- to be paid to defendant till next date.
3. After compliance of above condition plaintiff shall conclude cross-examination of DW-1 within 30 days.
Adj. For Compliance on 30/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Santosh Jagtap Present for Plff.
Deft present.
Plff has not complied order dt.01/03/2023 passed on NM 252/23. Hence matter is fixed for final argument.
Adj. For Final Argument on 15/04/2023.
LO 12.50.
Adv. Santosh Jagtap Present for Plff.
Exh.39.- Adv of plff has filed application for recalling order of no cross. Otherside to say. But the otherside is not available because already date is given. Record shows that NM 252/23 was granted and thereby plff is allowed to take further cross examination of DW-1 subject to costs of Rs.2000/- but the plff has not complied the said order. There is no sufficient and reasonable ground to recall the order of no cross examination. Hence application Exh.39 stands rejected.
Adj. For Final Argument on 15/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Santosh Jagtap Present for Plff.
Adv. Pramila Prajapatit I/b Pandey and Company Present for Deft.
Deft present.
Adv of deft contended that she will file written argument and matter to be adjourned.
Adj. For Argument on 17/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Santosh Jagtap Present for Plff.
Adv. Rahul Pandey I/b M/s. Pandey and Company Present for Deft.
Deft present.
Heard argument of adv of both parties.
Adj. For Judgment on 03/05/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: Adv. Santosh Jagtap Present for Plff.
Deft present.
Exh.40- Judgment.
F.R.S.R. following order passed.
1. Suit stands dismissed.
2. Both parties do bear their own costs.
3. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 03-05-2023