Date: 02-11-2018
Business: Adv. Ms. Trivedi Present for the Plff.
Issue fresh writ of summons against deft.
Adj. For Affidavit of service of writ of summons on 04/03/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: HHJ is On Mediation Training
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Circular no.65/2019 dt. 04/04/2019 of Hon''ble PJ City civil Court as declared holiday on the point of Loksabha Election 2019. hence matter posted on next working day.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. Priya Nighvekar Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed service affidavit of writ of summons. t.o.r.
As per service affidavit deft writ of summons served by RPAD as per postal track system deft served with the writ of summons on 29/03/2018. When called deft absent. Hence suit proceeded ex-parte against deft.
Adj. for Ex-parte evidence on 08/08/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Aakshada Patel for plaintiff present.
Suit proceeded exparte against defendant.
Matter adjd for exparte R/E on 10/10/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Fatima Lakdawala for plaintiff present.
Suit proceeded exparte.
Matter adjd for exparte R/E on 10/12/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Pooja Goriya for plaintiff present.
None for defendant.
Suit already proceeded ex-parte against defendant.
KB. L.O. at 12.42 pm
Adv Vasima Kazi h/f Patima Lakdawal for plaintiff present.
Hanan Pagarkar- Defendant present.
KB L.O. at 1.14 pm
Ex.03 Defendant in person present. She filed application for legal aid advocate t.o.r. O- Copy of the application be sent to the concerned department of legal aid to provide legal aid advocate to the defendant as per rules.
Matter adjd for compliance and steps by defendant for filing WS to 14-03-2020 at 11.00
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv. Vasim Kazi for plaintiff present.
None for defendant.
KB. L.O. at 12.05 pm
Proprietor of defendant is present.
The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020.
Proprietor of defendant submits that legal aid advocate will be provided to her on 18-03-2020. Hence matter adjourned for steps by defendant for filing WS.
Matter adjd for steps by defendant for filing WS to 19-03-2020 at 11.00 am.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Adjourned for filing WS to 13.04.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
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 written statement to 27/10/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Fatima Lakdawla for plaintiff present.
None for defendant.
Plaintiff to inform defendant on her mobile as given on page
no. 25 of the plaint to remain present with written statement
on next date.
Matter is adjd.to 04-02-2021 for WS.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Vasima Kazi h/f Adv. Fatima for plaintiff present.
Defendant (Hanan Abdul) is present , prayed for short time to engage the lawyer.
Matter is adjd.to 11-02-2021 for WS.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Ms. Wasima h/f Fatima for plaintiff present.
Hanan Pagarkar deft is present.
Exh.6- V/P of Adv. Mr. Satish Nikhar on behalf of deft. Hanan Pagarkar.
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 12.03.2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Wasima h/f Fatima Lakdawala for plaintiff present.
Adv. Mr. Satish Nikhar for defendant present.
Exh.7- W.S. filed by deft.
Exh.8- Counter claim.
Exh.9- List of documents.
Adv. Mr. Nikhar for deft undertake to serve the copies of Exh.7 to 9 to the plff.
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 19/04/2021 for Arguments.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Adv. Fatima Lakdawala for plaintiff present.
None for defendant.
Matter is adjd.to 10.06.2021 for W/S
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Adv. Humera Shaikh h/f Adv. Fatima Lakdawala for plaintiff present.
Adv. Satish Nikhar for defendant present.
Ld. Adv. for defendant filed xerox copy of post service regarding forwarding copy of the written statement to the plaintiff with the application t.o.r. marked at Exh. 10.
Ld. Consel for defendant filed application u/s 30 of the C.P.C. t.o.r. marked at Exh. 11
Matter is adjd.to 19-07-2021 for reply on Exh. 11.
Next Purpose: REPLY
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 09.09.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Tausif Shaikh h/f Adv. Lakdawal for the plaintiff present and requested time for reply. O-Granted.
None for the defendant.
Matter is adjd.to 11.10.2021 for reply on Exh-11.
L.O. at 12.30pm
Adv.Satish Nikhar for defendant present.
Next Purpose: REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Next Purpose: REPLY
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None for plaintiff.
Adv. Satish Nikhar for defendant
The plaintiff was specifically directed to supply copies of the plaint and documents to the defendant till today, but Adv. Satish Nikhar submitted that he did not received the copies and he prepared written statement Exh. 7 with the help of documents available with the defendant. As per Order 7 Rule 9 and Order 5 Rule 2 of the C.P.C.. Copies of the plaint should have been filed at the time of institution of the suit for forwarding to the defendant with writ of summons. The plaintiff has not complied with the mandate of these provisions. He is also not complying the directions given by the plaintiff after appearance of the defendant. Hence, last chance is given to the plaintiff for providing copies of the plaint and documents to the defendant.
Matter is adjd.to 15-12-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. for plaintiff present.
Adv. Satish Nikhar for defendant present and filed application for permission to submit verified copies with supporting affidavit and list of document t.o.r. and marked as Exh.12. - other side to say.
He also filed application for dismissal of the suit under order 11 rule 12 of the CPC. t.o.r. and marked as Exh.13.- other side to say.
Matter is adjd.to 31-01-2022 for say on Exh.12 and 13.
Next Purpose: FILING SAY
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None for plaintiff.
Adv. Mr. Satish Nikhar for defendant present and filed application for permission to submit the affidavit, t.o.r. and marked as Exh.14 – Allowed.
He filed affidavit with documents regarding service of applications (Exh.12 & 13), t.o.r. and marked as Exh.15.
Adv. for the defendant is directed to get counter-claim (Exh.7) verified from Board Dept. and pay necessary court fees and comply the objections, if any.
Matter is adjd.to 09-03-2022 for say on Exh.12 & 13 and
verification of counter-claim (Exh.7).
Next Purpose: FILING SAY
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Adv. Satish Nikhar for defendant present and filed bunch of papers without seeking leave of the Court and he did not clarify as to how it is filed after submission of written statement cum counter claim Exh. 7 on 12-03-2021.
Meanwhile written statement cum counter claim Exh. 7 is received back from board department with scrutiny sheet annexed thereto, but it is not signed by concerned Registrar. Hence, written statement cum counter claim Exh. 7 is sent back to board department for taking signature of concerned Registrar on scrutiny sheet.
Ld. Counsel Satish Nikhar is directed satisfy the Court as to how counter claim is maintainable and as to how it satisfies requirements of order 7 and Order 8 of the C.P.C. on the next date of hearing failing which further order will be passed.
Matter is adjd.to 30-03-2022 for argument of Adv. for the
deft on the point of maintainability of counter claim Exh. 7.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None for plaintiff.
Adv. Satish Nikhar for defendant present and filed application for permission to submit the counter claim by original defendant t.o.r. and marked as Exh.16.
Heard Ld. Adv. Satish Nikhar for defendant on Exh. 16 and also on counter claim Exh. 7.
On perusal of counter claim Exh. 7, it appears that claim amount is not mentioned and necessary documents are not annexed with it. This objection is raised by Assistant Registrar in scrutiny sheet. Counter Claim Exh. 7 is lacking details as per Order VII Rule 1 of the C.P.C. and there is no reference of valuation and Court fees. Similarly details of cause of action and jurisdiction are not pleaded. No Court fees is paid while filing counter claim Exh. 7. In short counter claim Exh. 7 does not satisfy requirements of a claim if read in the context of order VIII Rule 6-A r/w Order VII Rule 1 and 11 of the C.P.C.. As counter claim Exh. 7 is not maintainable for want of cause of action and absence of valuation, Counter claim Exh. 7 is rejected as per Order VII Rule 11(a) and (b) of the C.P.C..
So far as application Exh. 16 is concerned, it is filed while counter claim Exh. 7 is already on record. There is no question of entertaining two counter claims by the defendant simultaneously. Contains in Exh. 16 revels that concerned officer of the Court raised objection and therefore, the defendant filed the second counter claim (referred as bunch of papers in roznama dtd. 09-03-2022). While doing so, the defendant failed to satisfy the Court on the point of enabling provision. Furthermore, the defendant has given go by to provisions of Order VI Rule 17, Order XI Rule 1(1),(4),(5),(7),(9)and(10) of the C.P.C. while moving application Exh. 16. The defendant had filed six documents with list Exh. 9, but more documents are annexed with counter claim filed subsequently on 09-03-2022. In addition to it, Honble Supreme Court has treated these provisions mandatory and did not allow the plaintiff to place on record documents even after withdrawal of the 1st suit and filing of the new suit on the same cause of action against the same defendant as per observations in the case of Sudhir Kumar @ S. Baliyan V/s. Vinay Kumar G. B. in Civil Appeal No. 5620/2021 (Arising out of SLP (C) No. 13082/2021) decided on 15/09/2021. As Counter claim Exh. 7 is rejected and it has effect of decree within the meaning of section 2(2) of the C.P.C., application Exh. 16 is rejected.
Counter claim Exh. 7 is treated as written statement of the defendant.
Documents in the form of counter claim (referred as bunch of papers) on 09-03-2022 be returned to the defendant or his Advocate by keeping xerox copy on record.
Matter is adjd.to 26-04-2022 for admission denial of
documents by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Divya Myana for plaintiff present and prayed for adjournment - granted.
Adv. Satish Nikhar for defendant present
Matter is adjd.to 05-07-2022 for admission and denial as
a last chance.
LO
Adv. Satish Nikhar for defendant present and filed application for production of documents t.o.r. and marked as Exh.17 - allowed.
He also filed list of documents t.o.r. and marked as Exh.18
Adv. Satish Nikhar for defendant placed on record copies of
Exh. 17 and Exh. 18 for plaintiff .
Matter is adjd.to 05-07-2022 for admission and denial as
a last chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Vasima Kazi for plaintiff in suit and respondent in review petition present and tendered admission and denial by plaintiff. It is marked as Exh. 19
None for defendant when called.
Adjd for reply to review petition to 15/07/2022
L. O at 11.40 am
Adv. Satish Nikhar for defendant in suit and petitioner in review petition present.
Next Purpose: REPLY
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Satish Nikhar for petitioner/original defendant present.
Adv. Tausif Shaikh and Adv. Wasima kazi h/f Adv. Fatima lakdawala for respondent/original plaintiff present.
Exh-20 Adv. Nikhar for petitioner filed application under section 35B of CPC, cost for causing delay by the plaintiff without sufficient reason. O- Plaintiff to say.
Adv. for petitioner filed an application for condonation of delay under the provision of section 5 of Limitation Act O- Plaintiff to say.
Adjd for reply to 10/08/2022
Next Purpose: REPLY
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Wasima Kazi h/f adv. Fatima Lakdawala for plaintiff present.
None for defendant when called.
Adjd for admission denial to 15/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Wasima Kazi h/f adv. Fatima Lakdawala for plaintiff present.
Adv. Satish Nikhar for defendant present.
Application filed by adv. Nikhar for defendant for grant of permission to submit evidence on affidavit to show delay caused by plaintiff without sufficient reason. t.o.r. and marked as Exh. 21 O- Other side to say.
Adjd for reply to Exh.21 to 11/11/2022
Next Purpose: REPLY
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Wasima Kazi h/f Adv. Lakdawala for plaintiff present.
Adv. Satish Nikhar for defendant present.
Adjd for reply to 24/11/2022
Next Purpose: REPLY
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Wasima kazi h/f Adv. Lakdawala for plaintiff present.
Adv. Satish Nikhar for defendant present.
Adv. for plaintiff sought time for filing reply on Exh.20 and Exh.21
Adv. for defendant objected for the same. IN the interest of justice last chance is granted to plaintiff to file reply on Exh.20 and Exh.21
Adjd for reply to 10/12/2022
Next Purpose: REPLY
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv. Satish Nikhar for defendant present.
Adv. Wasima Kazi for plaintiff present and sought time to file reply on Exh. 20 and Exh. 21
Ld. adv. for defendant strongly objected for granting time. Heard both sides at length. Perused the roznama. Matter is pending for reply of plaintiff from 05.08.2022. Sufficient opportunity is already given to plaintiff to file reply on Exh. 20 and Exh.21. On last date also plaintiff given last chance to file reply. Till today plaintiff not filed reply to Exh. 20 and Exh. 21. Therefore application Exh. 20 and Exh. 21 to proceed without reply of plaintiff.
Adjd for hearing on Exh. 20 and Exh. 21 to 16/01/2023
Next Purpose: HEARING
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. Fatima Lakdawala for plaintiff is present.
Adv. Satish Nikhar for defendant is present.
KB L.O. at 3.30 pm
Heard argument of the both sides on Exh.20 and 21
Case is adjourned for order on Exh.20 and 21 to 30-01-2023.
Next Purpose: ORDER
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Wasima Kazi i/b Adv. Fatima Lakdawla for plaintiff is present.
Adv. Satish Nikhar for defendant is present.
F.R.S.R. following order is passed on Exh.20-
ORDER
1. Application on Exh.20 in Commercial Suit No. 274 of 2021 stands dismissed.
2. Order accordingly.
F.R.S.R. following order is passed on Exh.21-
ORDER
1. Application on Exh.21 in Commercial Suit No. 274 of 2021 stands dismissed.
2. Order accordingly.
Case is adjourned for admission denial to 09-03-2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Ms. Wasima Kazi for plaintiff present and sought adjournment on the ground that witness is not available. She submitted that evidence in the form of affidavit is ready.
Adv. Mr. Satish Nikhar for defendant present and objected for adjournment.
Heard both sides in the interest of justice. Last chance granted to the plaintiff subject to paying cost of Rs.500/- to the defendant.
Case is adjourned on 12.04.2023 for recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv Rahut Jadhav i/b Fatima Lakdawala for plaintiff is present.
None for defendant.
KB at 2.45 pm
Adv. Satish Nikhar for defendant is present.
Witness is present.
Plaintiff has paid cost of Rs.500/- to the defendant.
Exh.22 - Affidavit of examination in chief of plaintiff bank’s Manager namely Vinod Kumar Nenavath is filed O- Plaintiff bank’s Manager namely Vinod Kumar Nenavath is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.23 - List of documents O- Filed.
Copy of Exh.22 and 23 is served to the other side.
Case is adjourned for marking document to 06-06-2023.
Next Purpose: FOR___________________
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Canara Bank Vs M/s. Phoenix Travels
Their appears to be Review Petition No. 100117 / 2022, Phoneix Travel v/s Cananra Bank and Commercial Suit No. 100274 / 2021, Canara Bank v/s Phoneix Travels
Adv. Fatima Lakdawala present for plaintiff Canara Bank.
Adv. Satish Nikhar present for defendant Phoenix Travels.
Canara Bank is directed to take appropriate step in both Petition and Suit. Else, put for necessary order.
Matter adjourned to 07.07.2023 for steps from Canara Bank.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: M/s. Phoenix Travels Through Prop. Mrs. Hanan Abdul Samad Pagarkar Vs Canara Bank
All called, but absent
Parties to take steps. Else, put for necessary order.
Later on at 13.50 Hrs.
Adv. Satish Nikhar for present for Phoenix.
Canara Bank witness absent for cross-examination in Com Suit No. 274/2021.
Perused roznama Dt. 06.06.2023.
Matter to proceed without cross-examination of Bank witness Vinod Kumar.
Plaintiff to lead evidence if any. Else, put for necessary order.
Matter adjourned to 19.08.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Canara Bank Vs M/s. Phoenix Travels
Adv. Tejas Shinde present for Canara Bank
Representative Hanan Pagarkar for Phoenix present.
Perused roznama Dt. 07.07.2023.
Parties to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 19.10.2023 for evidence.
Later on at 13.10 Hrs.
Adv. Satish Nikhar present for Phoenix Travels.
He submitted that, settlement talks are going on.
Matter adjourned to 09.09.2023 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Both parties absent. Hence, matter could not be disposed off in Lok Adalat.
Matter adjourned to 04.10.2023.
Next Purpose: HEARING
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Canara Bank Vs M/s. Phoenix Travels
Adv. Tejas Shinde present for plaintiff.
Adv. Satish Nikhar present for defendant.
Perusal shows that, Canara Bank has preferred Com Suit No. 274 /2021 against Phenix Travel while Phoenix Travels has preferred Review Petition No. 117 / 2022 against Canara Bank.
Canara Bank is yet to file its reply to RP No.117 / 2022.
Perused roznama Dt. 06.06.2023 onwards in Commercial Suit No. 274 / 2021.
Canara Bank failed to take steps regarding evidence.
Evidence of Canara Bank stands closed.
Exh.24 - Application filed by Phoenix Travel to lead evidence by next date.
Exh.25 - Evidence affidavit of Hanan Pagarakar filed by defendant.
Exh.26 - List of documents
Matter adjourned to 07.11.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Canara Bank Vs M/s. Phoenix Travels
Adv. Bushra Shaikh present for Canara Bank.
Hanan Pagarkar present. Her counsel absent.
Parties to take to appropriate steps and conclude pleading regarding pending application.
Later on at 12:50 Hrs.
Adv. Shri Satish Nikhar present for Pheonix Travels and Hanan Pagarkar.
Adv. Bushra Shaikh present for Cananra Bank.
Perusal shows that the Review Petition no.117 of 2022 has not been replied by the Canara Bank since 22.08.2022.
Hence, Review Petition to proceed without reply.
Parties to take steps.
Exh.27 Application filed by Adv. Satish Nikhar. O- otherside to say.
Say filed by Adv. Bushra Shaikh on Exh.27.
Case adjourned to 29.01.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Canara Bank V/s Phoenix Travels
Adv. Fatima Lakdawala present for Canara Bank.
Later on at 13.27 Hrs.
Adv. Satish Nikha present with Hanan Pagarkar.
Case adjourned to 06.03.2024 at 12.00 hrs for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: Canara Bank V/s Phoenix Travels
Adv. Bushrah present for plaintiff.
Adv. Satish Nikhar present with defendant’s representative Hanan Pagarkar.
As Court is on leave, Suit adjourned to 27.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Canara Bank v/s Phoenix Travels
Adv. Bushrah present for plaintiff.
Defendant representative Hanan Pagarkar present.
Suit adjourned by consent to 20.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Commercial Suit No. 274 / 2021 - Canara Bank Vs Phoenix Travels
Review Petition No. 117 / 2022 - Phoenix Travels Vs Canara Bank
Adv. Heena Maniar present for Canara Bank.
Phoenix Travels representative Hanan Pagarkar present.
Later on at 12.39 Hrs.
Adv. Heena Maniar present for Canara Bank
Adv. Satish Nikhar present for Phoenix Travels.
Phoenix Travels representative Hanan Pagarkar present.
Perusal shows that Phoenix travels had preferred application at Exh.02 on 05.08.2022 for condonation of delay in filing Review Petition.
It appears that Canara Bank has not filed reply to Exh.02, till date.
Considering the age of the application, the application is put for order.
the Review Petition is already registered as 117 / 2022.
Hence the application at Exh.02 has become infructuous. Hence it is filed.
Parties to argue on Review Petition by next date, without fail.
Else put for order.
Suit adjourned to 20.06.2024 for arguments on Review Petition.
Next Purpose: HEARING
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Canara Bank V/s Phoenix travels
Adv. Ms. Hanan Pagharkar present for Phoenix Travels.
None present for Canara Bank.
Exh. 28 - Adjournment application filed by Phonenix Travels.
Order - Allowed for today.
Suit adjourned to 09.08.2024 at 15.00 hrs.
Next Purpose: HEARING
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Canara Bank Vs M/s. Phoenix Travels
Adv. Satish Nikhar present for Phoenix Travels
Phoenix Travels representative Hanan Pagarkar present.
Exh.29- Written arguments filed by Advocate Satish Nikhar.
Suit adjourned to 04.09.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Hanan Pagarkar present for Phoenix Travels
None present for Canara Bank.
L.O. at 13.32 Hrs.
Adv. Satish Nikhar present for Phoenix Travels.
Heard Adv. Nikhar on Review Petition.
Canara Bank to argue on the Review Petition, else put for orders.
Suit adjourned to 07.11.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Canara Bank Vs M/s. Phoenix Travels
Plaintiff side called, but absent.
Defendant side called, but absent.
Suit is kept back for arguments.
Later on at 13.38 Hrs.
Adv. Satish Nikhar present for Phoenix Travels.
Canara Bank failed to argue the Review Petition.
Hence, Review Petition is adjourned for Orders.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 29.11.2024 for Order on review petition.
Later on at 14.07 Hrs.
Adv. Nazma Shaikh present for Canara Bank.
Suit adjourned to 29.11.2024 for Order on review petition.
Judge
Next Purpose: ORDER
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: Canara Bank Vs Phoenix Travels
Adv. Nazma Shaikh present for Canara Bank.
Adv. Satish Nikhar present for Phoenix Travels.
Review Petition is pending for Orders.
Stenographer on leave, adjourned for Orders.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 06.01.2025 for Order.
Judge
Next Purpose: ORDER
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: Canara Bank Vs M/s. Phoenix Travels
Plaintiff side called, but absent.
Adv. Nazma Shaikh present for Canara Bank.
FRSR following order is passed in Review Petition No. 100117/2022.
ORDER
1. Review Petition No. 100117 / 2022, Phoenix Travels Vs. Canara Bank, is rejected.
2. Costs in cause.
3. Order pronounced in Open Court.
4. Parties be informed about its right to challenge this judgment and period of limitation for it.
5. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
6. Commercial Suit No. 100274 / 2021 to proceed further.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 03.02.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Persuant to notification no. A-1201/2025 dated 27.01.2025, by Honble Bombay High Court of Judicature, Appellate Side, Bombay, the Presiding Officer of this Court has been transferred and Successor Presiding Officer has joined today at 1.00 p.m. Hence, except matters at Sr. Nos. 5 to 9 and Sr. Nos. 13 to 15 rest of the board is discharged.
Adv. Nazma Shaikh present for plaintiff.
Adv. Satish Nikhar present for defendant.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 25.02.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: None present for plaintiff.
Adv. Satish Nikhar for defendant present.
On the oral request of the adv for the defendant to lead further evidence of DW-01.
Matter stands Adj for further evidence on 20-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: Adv. Nazma Shaikh for plaintiff present.
Representative of the defendant- Hanan Pagarkar present.
KB, Later on at 12.10 pm
The Ld advocate for the plaintiff is seeking adjournment on the ground that she has to attend the another court in another matter. As none appeared for the defendant. As and by way of last chance, Matter stands Adj for evidence on 28-04-2025.
Later on at 1.55 pm
Adv. Satish Mishra for defendant present.
Adv. for the defendant filed draft Notice of Motion for refund of court fee along with affidavit in support. TOR.
O. Leave is granted to register the same.
Adv for the defendant filed draft Notice of Motion under Order 11 Rule 5 of CPC along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copies of both NM be served to the plaintiff.
Matter already adjd to 28-04-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2025
Date: 28-04-2025
Business: None present for plaintiff.
Representative of the defendants Ms. Hanan Abdul Samad Pagarkar is present.
Representative of the defendant tendered the registered Notice of Motion No.2089/2025 and 2092/2025 along with affidavit in support. TOR
Matter stands Adj to 20-06-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: None for plaintiff.
Representative of defendant Hanan Abdul Samad Pagarkar is present.
Matter stands Adj for NM reply on 04-08-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. Rahul Gupta h/f Adv. Fatima Lakdawala for plaintiff present.
Authorised representative of defendant Hanan Abdul Samad Pagarkar is present.
Advocate for plaintiff submit that plaintiff need some time to file reply on both NM and time will be granted. Representative of defendant submit that on last date as well plaintiff not filed reply. As a last chance time is granted to file reply on NM.
Matter stands Adj to 18-09-2025 for reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: None present for plaintiff.
Defendant Ms. Hanan Abdul Samad Pagarkar is present.
Advocate for defendant absent.
Plaintiff yet not filed reply on NM No.2092/2025 and 2089/2025. Hence, both NM will be heard without reply of plaintiff.
Matter stands Adj to 15-11-2025 for argument on both NM.
Later on at 01.30 pm
Adv. Rahul Gupta h/f Adv. Fatima Lakdawala for plaintiff present.
Matter stands Adj to 15-11-2025 for argument on both NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: None present for plaintiff.
Authorized representative of defendant Hanan Abdul Samad is present.
Adv. Satish Nikhar present for defendant.
Kept back. Matter will be taken up subject to availability of time.
Later on at 4.20 pm.
Adv. Rahul Gupta a/w Fatima Lakdawala present for plaintiff through Video Conference.
Adv. Satish Nikhar present for defendant.
Heard argument of defendant on Notice of Motion No.2089/25.
This Notifce of motion is filed for refund of court fees as counter claim was rejected in March,2022. Considering the relief in the notice of motion, even reply of plaintiff is not required on this notice of motion, though no reply order is passed on previous occasion.
Matter stands Adj to 04-12-2025 for Order on Notice of Motion No.2089/25.
Next Purpose: NM ORDERS
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: None present for plaintiff.
Representative of defendant Hanan Abdul Samad Pagarkar is present.
Kept back for order on NM.
For reasons separately recorded following order is passed on Notice of Motion No.2089/2025
ORDER
1. Notice of Motion No. 2089 of 2025 is dismissed.
2. Order is dictated and pronounced in Open Court.
3. Record of Notice of Motion No. 2089/2025 shall form part of Commercial Suit No. 274/2021.
Matter stands Adj to 16/02/2026 for argument on NM 2092/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: None present for plaintiff.
None present for defendant.
Matter stands Adj to 09-03-2026 for argument on NM.
Later on at 01.01 pm
A.R of Defendant Mrs. Hanan Abdul Samad Pagarkar is present.
Exh.30 Adjournment application filed by defendant.
O. Allowed.
Matter stands Adj to 09-03-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: None present for plaintiff.
Adv. Satish Nikhar for applicant/defendant present.
Kept back Later on at 01.20 pm
Same appearance for plaintiff and defendant.
A. R. of defendant Mrs. Hanan Abdul Samad Pagarkar is present.
Order on Notice of Motion No.2092/2025
Heard Ld. Advocate for defendant. Perused notice of motion and affidavit annexed therewith. Defendant moved this notice of motion for permission to produce on record verified copy of Gumastha (Registration Certificate of Establishment). Plaintiff not filed reply to notice of motion. Advocate for defendant submit that after filing of notice of motion, defendant found original registration Certificate and permission may be granted to place its verified copy on record. Defendant should get a fair opportunity to tender on record best available evidence in its custody. No prejudice will be caused to plaintiff, if said production is allowed. Grounds are satisfactory. Notice of Motion is allowed. Defendant is permitted to place on record verified copy of Gumastha. Notice of Motion is disposed off and it shall part of main suit.
Matter stands Adj to 15-04-2026 for production of document by defendant.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: None present for plaintiff.
None present for defendant.
On previous date notice of motion filed by defendant was allowed and defendant is permitted to file on record few documents. None appeared for defendant and not filed any documents. Hence, keep it for production of documents by defendant as a last chance. If documents are not produced on or before next date, suit will proceed further.
Matter stands Adj to 10-06-2026 for production of documents by defendant.
Next Purpose: FOR___________________
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: Defendant present.
Kept back. At 01.20 pm
Adv. Satish Nikhar for defendant present.
Exh.31 List of documents filed by defendant. O- Seen.
Matter stands Adj to 20-07-2026 for recoding evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: None present for plaintiff.
Defendant present.
Kept back, Later on at 12.30 pm
Adv. Satish Nikhar for defendant present.
Order- Perusal of the roznama dated 07.07.2023 reveals on the fault of the witness of the Bank, the matter was directed to proceed without cross examination of Bank witness Mr. Vinod Kumar. Thus, it seems that on that day due to absence of the Bank Manager, the said order came to be passed. If that being so, the suit ought to have been dismissed as no any Notice of Motion was filed by plaintiff to set aside the said order. Instead it continued for evidence of defendant though it was not necessary. In view of the above discussion, I am that with no option but to dismiss the suit. Hence, the suit is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 20-07-2026