Date: 10-12-2019
Next Purpose: REPORT
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rathore for plaintiff present.
Adv. Karande for defendant present.
Matter is adjd to 06.02.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Plaintiff Present.
Defendant absent.
Adv. Dheeraj Rathod for plff. Present.
Adv. Karande for deft. Present.
Adv. For the plff. Tendered draft summons for judgment @ affidavit in support. t.o.r. Order- Leave granted to register.
Matter is adjd to 23.03.2020 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Matter pertains to court room no. 59
Adv. Rohan Karande for defendant present.
On perusal of precipe copy of summons for judgement is received on 04/02/2021
Adv. For defendant filed reply to SJ. t. o. r.
Already adjd to 17.02.2021.
Next Purpose: REPLY
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: P.O. is on leave.
Matter is adjd to 21.04.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 28/07/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Chaitanya Rane for the deft present.
Due to Covid-19 pandemic.
Matter is adjd to 07.10.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Dheeraj Rathod for plaintiff present.
Adv Rohan Karande for defendant present.
Adv for plaintiff tendered registered Summons for Judgment No. 57/20 TOR.
Leave for registration was granted on dated06.02.2020 However according to the adv for plaintiff the registered Summons for Judgment could not be tender because of lokdown. It is allowed to be tender today. Reply is already placed on record on dated 17.02.2021.
Matter is adjd to 10.01.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None present.
Matter is adjd for SJ hearing to 22.02.2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: HHJ is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: None for Plaintiff.
Adv. Kalyani Bane for Defendant present.
Due to absence of plaintiff matter is adjourned to 11.10.2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: As court is busy in dictating judgment in Sessions Case No.94/2020, matter is adj to 16/12/2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: As Court is busy in dictating judgment in Suit No.9421/1993, hence second session board is discharged.
Matter is adj to 06/03/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
Adv.Manasi Hirve i/b Divekar and Company for defendant present. She seeks time. Time granted.
Matter is adj to 07/06/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Vaibhav Kamble I/b Adv. Dheeraj Rathod for the plaintiff is present.
Adv. Kalyani Bane I/b M/s Divekar and Co. for the defendant is present.
Matter is adj to 17.07.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Sushant Mishra i/b Diraj Rathod for plaintiff is present.
Adv. Pawan Rajpal i/b Divekar and Co for defendant is present and requested for adjournment. Plaintiff counsel has no objection for grant of adjournment. Adjournment is granted.
Matter is adj to 26.10.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and its advocate are absent.
Adv. Rohan Karande i/b Divekar and Co. for defendant is present.
Matter is adj to 12.02.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Rohan Karnade i/b M/s Divekar and Co. for defendant is present.
The plaintiff is directed to file original documents. The plaintiff is given last chance to take the steps and argue on Summons for judgment.
Matter is adj to 20.03.2024 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff is present.
Adv. for plaintiff is present and filed application for production of original documents along with list. Taken on record. It is marked as Exh- 3 and 4 respectively.
Adv. for defendant is present.
kept back.
later on 1.40
Adv. Dhiraj Ratohre for plaintiff is present.
Adv. Kalyani Bane i/b M/s. Divekar and Co. for defendant is present.
Heard both parties on Summons for Judgment No. 57/20.
Matter is adj to 04/04/2024 for Order on SJ.
Next Purpose: ORDER
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Next Purpose: COMPLIANCE
Next Hearing Date: 17-05-2024
Date: 04-04-2024
Date: 17-05-2024
Business: By Precipe.
Adv. Rohan Karande h/f. M/s. Divekar & Co. for defendant Nos.1 & 2 present and filed precipe for taking matter on today\''s board t.o.r. and mkd as Ex.5 - O- Case be taken on today\''s board.
Application filed by Adv.Karande stating compliance carreid out as per order passed in S/J. No.57/20 alongwith xerox copy of demand draft -
Written Statement filed by Adv. for defendant Nos.1 & 2 - t.o.r. and Mkd as Ex.7 - O- Read and recorded.
Matter already adj to 21.06.2024 for filing draft issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj K. S. Rathore for plaintiff is present and filed draft issues. Taken on record.
Adv. Rohan Karande i/b M/s Divekar and Co. for defendant is present and requested for adjournment for filing draft issues. Adjournment is granted.
Matter is adj to 31.07.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathore for plaintiff is present.
Adv. Rohan Karande i/b M/s Divekar and Co. for defendant is present and filed draft issues. Taken on record. Copy served to other side.
Matter is adj to 25.09.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj K. S. Rathore for plaintiff is present.
Adv. Rohan Karande i/b M/s Divekar and Co. for defendant is present.
Issues framed. It is marked as Exh-8.
Matter is adj to 05.10.2024 for filing list of witnesses and evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Rajesh Kumar Mahto, Authorised representative of the plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10 respectively. Copy served to other side.
Adv. Rohan Karande i/b M/s Divekar and Co. for defendant is present.
Matter is adj to 09.10.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathor for plaintiff is present through Video conferencing.
Adv. Siddhant Varunkar i/b Divekar and Co. for defendant is present and filed say to Exh-10. Defendant is directed to serve the copy to other side. Taken on record. It is marked as Exh-10A.
Matter is adj to 25.10.2024 for hearing on Exh-10 and hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Adv. Dheeraj Rathor for plaintiff is present.
Adv. Rohan Karande i/b Divekar and Co. for defendant is present.
Heard counsel for both sides on admission and denial of documents.
Matter is adj to 05.11.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathod for plaintiff is present through video conferencing.
Adv. Pawan Rajpal for defendant is present.
Keep back.
Perused documents filed by plaintiff vide list Exh-4 and 10. Documents at Sr. No.1 of list of Exh-10 is original, documents at Sr. No.1 to 3 are office copies, documents at Sr. No.4 and 5 are original postal receipts and A. D. cards and document at Sr. No.6 is original and admitted by defendant. Hence, these documents are marked as Exhibits.
Exh-11 Office copy of Invoice No.PT-708/16-17 dated 01.12.2016
Exh-12 Office copy of delivery challan No.708/ dated 01.12.2016
Exh-13 Office copy of legal notice dated 19.01.2019
Exh-14 Seven Origal postal receipts dated 21.01.2019
Exh-15 Seven Original returned Postal A. D. Cards
Exh-16 Original reply dated 02.02.2019 along with envelope.
Matter is adj to 02.12.2024 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present
Adv. for defendant is present and requested for adjournment on the ground of person difficulty of senior counsel. Adjournment is granted as last chance.
Matter is adj to 09.12.2024 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: P. O. is on official medical examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv. Yashodhan Divekar with Adv. Siddhant Varurkar i/b M/s Divekar and Co. for defendant is present.
Keep back.
Later on at 11.59 pm
Adv. Dheeraj Rathore for plaintiff is present.
Adv. Yashodhan Divekar with Adv. Siddhant Varurkar i/b M/s Divekar and Co. for defendant is present.
PW-1 is present and resumed on SA.
Document filed by the plaintiff vide list Exh-10 remained to be exhibited. The said document is referred in the affidavit. Hence, it is marked as Exh-17.
Cross-examination of PW-1 is commenced and completed.
Advocate for plaintiff filed evidence close pursis. Taken on record. It is marked as Exh-18.
Matter is adj to 14.01.2025 for defendant evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2025
Date: 14-01-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathod for plaintiff is present.
Adv. Siddhant Varumkar with Adv. Aishwarya Shetty i/b M/s Divekar and Co. for defendant is present and filed Evidence affidavit . Taken on record. They are marked as Exh-19. Copy served to other side.
DW-1 Asim Mahesh Bhageria, age-53 years, Business, Lower Parel, Mumbai, is present and admitted contents of the evidence in affidavit and identified his signature.
Keep back.
Later on at 1.15 pm
Adv. Dheeraj Rathod for plaintiff is present.
Adv. Siddhant Varumkar with Adv. Aishwarya Shetty i/b M/s Divekar and Co. for defendant is present
DW-1 Asim Mahesh Bhageria, age-53 years, Business, Lower Parel, Mumbai, is present and resumed on SA.
Cross-examination of DW-1 is completed.
Matter is adj to 12.03.2025 for further evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathod for plaintiff is present.
Adv. Rohan Karande i/b Divekar and Co. for defendant is present and filed evidence close pursis. Taken on record. It is marked as Exh-20.
Counsel for defendant filed an application to frame additional issues. Taken on record. It is marked as Exh-21. O-Other side to say.
Keep back.
Later on at 12.44 pm.
Adv. Dheeraj Rathod for plaintiff is present and filed reply to Exh-21. Taken on record. It is marked as Exh-21A. Copy served to other side.
Adv. Rohan Karande i/b Divekar and Co. for defendant is present
Heard counsel for both side on Exh-21
Order below Exh-21
Perused application, say and record. Heard both parties. It is the contention of the defendant that in para No.5 of written statement they have specifically pleaded that they are not aware whether Mr. Rajesh Kumar Mahto is authorized to file present suit. Therefore, it is necessary to frame additional issue and to put burden on plaintiff to prove the same. On the other hand, it is submitted on behalf of plaintiff that they have already filed authority letter on record to show that Mr. Rajesh Kumar is authorized and said letter is marked as Exh-17. Therefore, it is not necessary to frame additional issue.
It is pertinent to note that plaintiff has pleaded in para No. 2 in the plaint as well as para No.2 of evidence on affidavit at Exh-9 that plaintiff company has authorised Mr. Rajesh Kumar Mahto to file present suit. Plaintiff has also filed extract of resolution wherein Mr. Rajesh Kumar Mahto is authorized to file the present suit. The said extract of Board resolution at Exh-17. Therefore, I am of the view that there is no need to frame any additional issue as contended by thge defendant. Hence, I proceed to pass following order-
Order
Application at Exh-21 is hereby rejected.
Matter is adjn to 25.03.2025 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Yashodhan V. Divekar(VC) with Adv. Rohan Karande for defendants is present.
The matter is very old. The plaintiff is given last chance to argue the matter.
Matter is adj to 04.04.2025 for argument.
Later on at 11.29 pm
Adv. Dheeraj Rathod for plaintiff is present.
Matter is adj to 04.04.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathod for plaintiff is present.
The defendant and his counsel are absent.
Heard final argument of counsel for plaintiff.
Matter is adj to 16.04.2025 for argument by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dhiraj Rathod for plaintiff is present through VC.
kb
later on at 1.30 pm
Adv. Yashodhan Divekar a/w Adv Rohan Karande i/b Divekar and Co.for defendant is present.
Heard final argument of ld. counsel for defendant.
Matter is adj to 02-05-2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Dheeraj Rathod for plaintiff is present through video conferencing
Adv. Rohan Karande for defendant is present.
Judgment is marked as Exh-22.
FRSR following order is passed
Order
1)Summary Suit No. 987 of 2019 is partly decreed with costs.
2)Defendant No. 1 shall pay an amount of Rs. 86,208/- ( Rupees Eighty Six Thousand Two Hundred and Eight only) to the plaintiff.
3)Defendant No. 1 shall pay simple interest at the rate of 7 percent p.a. on amount of Rs. 58,835/- from 17/07/2019, i.e. the date of filing suit till its realization.
4)The plaintiff may be entitled to get refund the court-fees paid, if provided for in Rules.
5)Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-05-2025