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Commercial Suit

Ratanbai Jethalal SavlaVsSunshine Tracon Pvt Ltd

CNR MHCC01007621201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100065/2019
Registration Date
23 Jul 2019
Next Hearing Date
06 Oct 2026
Case Stage
NM ARGUMENTS

Advocates

2

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 37 · Order 34

Case History / Proceedings

Case History
Date: 21-08-2019
Business: Fresh matter assigned to this Court.
CA of plaintiff present.
Adv. Disha Vardhan for plaintiff present.
Matter adjd for service affidavit on 16/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Sneha Wani for plaintiff present.
Exh.2 Service affidavit filed by plaintiff. TOR.
As per bailiff report annexed with affidavit suit summons is duly served to defendant on 08/08/2019. No one appeared for defendant. Suit to proceeded exparte.
Matter adjd for exparte R/E on 09/10/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Preeti Gada for plaintiff present.
Exh.3 VP filed by Adv. Dipesh Jain for defendant. TOR.
Ld. counsel for defendant filed draft NM a/w affidavit. TOR.
ORDER Heard. Leave granted. NM be registered. Copy is given to otherside.
Ld. counsel for plaintiff endorsed reply on NM itself.
Both side argument heard.
Matter adjd for NM order / tendering registered NM on 14/10/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: None present for plaintiff.
Adv. Dipesh Jain for defendant present.
Ld. counsel for defendant filed registered NM a/w affidavit. TOR.
F.R.S.R. following order is passed.
ORDER
1. NM No.3809/19 in SU No.65/19 is hereby allowed.
2. The ex-parte order dated 16.09.2019 passed against defendant is hereby set aside on payment of cost of Rs.2,000/- to be paid to the plaintiff on or before next date or to deposit it in the Court.
3. On compliance of cost order written statement of defendant be taken on record.
Matter adjd for compliance on 02/11/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Adv. Ashish Raghuvanshi for plaintiff present.
Adv. Dipesh Jain for defendant present.
Exh.4 WS on behalf of defendant. TOR.
Matter adjd for draft issues on 26/11/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. for plff absent.
Adv. Dipesh Jain for defendant present.
Representative of plff present.
Draft issues filed by plff. t.o.r.
Matter adjd for Draft issues of Deft if any on 17/12/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: None present.
Matter adjd for draft issues on 03/01/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Adv. Disha Vardhan for plaintiff present.
None Present for the Deft.
Matter adjd for framing issues on 08/01/2020 at 11.00 am
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Preeti Gada for plaintiff present.
None Present for the Deft.
Court is busy in dictating order and recording evidence. Hence Adjourned.
Matter adjd for framing issues on 22/01/2020 at 11.00 am
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Smita Durve for plaintiff present.
None present for defendant.
Issues are framed.
Matter adjd for filing evidence affidavit of plaintiff on 04/02/2020 at 11.00 am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Darbar Sonal for plaintiff present.
None for defendant.
On the oral request of Ld. Counsel for plaintiff matter is adjourned.
Matter adjd for filing evidence affidavit of plaintiff to 20-02-2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: CA of Plaintiff present.
Adv. Ashok Jain for defendant present.
KB. L.O. at 11.29 am.
Adv Preeti Gada for plaintiff present.
She seeks time to file affidavit of  evidence.
Matter adjd for plaintiff evidence to 04-03-2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: CA of plaintiff present.
Adv. Disha Vardhan for plaintiff present.
None for defendant.
Ex.07   Ld Adv for plaintiff filed evidence affidavit t.o.r. O- R and R.
Ex.08   Ld Adv for plaintiff filed list of documents t.o.r.
O- Other side to say.
copy of evidence affidavit and list of documents is served to Ashwin- clerk of defendant advocate today in the court.
KB L.O. at 11.58 am.
Matter adjd for admission and denial on the documents of plaintiff to 16-03-2020 at 11.00 am.
L.O. at 12.26pm
Adv Ashok Jain for defendant present.
Matter adjd for admission and denial on the documents of plaintiff to 16-03-2020 at 11.00 am.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present and requested short adjournment for filing reply on list of documents at Exh.08. Request is allowed.
Adjourned for reply on Exh. 08 to 23.03.2020.
                                                                               Judge
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: National Lockdown
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: National Lockdown
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Advocate Priti Gada for plaintiff is present.
None present for defendant.
Adjourned for case management hearing to 07.12.2020.
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Both the parties and their advocate are absent when called out.
Adjourned for case management hearing on 07.01.2021.
Next Purpose: HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv. Preeti Gada for plaintiff present.
Adv. Dinesh Jain for defendant is present.
Exh. 9- Admission and denial submitted by defendant.
Heard both sides of ld. Adv. Perused evidence affidavit of PW - 1 Vikram Savala, accordingly following documents are marked-
Exh. 10 - Power of attorney dtd. 28-02-2019 executed by plaintiff.
Exh. 11 - Original Bill of Exchange dtd. 01/04/2016 for a sum of Rs. 60,50,000/- duly signed director of Defendants.
Exh. 12 - Original twelve form 16A, TDS Certificate issued by Defendants to plaintiff.
Exh. 13 - Original letter dtd. 08/02/2019 by defendants to plaintiff.
Exh. 14 - Four Balance Conformation Statements sent by Defendants to plaintiff.
Exh. 15 - Bank Statement of plaintiff.
Exh. 16 - Demand Notice dtd. 09-01-2019 with postal receipts.
Exh. 17 - Original acknowledgement card.
Both side to remain present on next date along with list of witness and schedule of case management. In default to submit their schedule, it will be fixed by the court.
Matter is adjd.to 22-01-2021  for Hearing P.H./ case
management.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv. Preeti Gada for plaintiff present.
None for defendant.
PW - 1 Vikram Savla is present. Defendant and his adv. are
absent, no cross examination of PW - 1.
Exh.18 - Evidence close pursis.
Matter is adjd.to 10-02-2021 for R/E (Deft.).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. N. K. Tanna for defendant submitted registered NM No. 309/21.
Mr. Ganesh Darekar clerk of Adv. Gada for plaintiff submitted reply to NM No. 309/21.
Heard Ld.Adv. Tanna for defendant. Perused reply of plaintiff. Perused roznama of last two days. It would be appropriate to decide matter on merit. Both side are ready to expedite hearing. Considering all fact in total, order of no cross examination dtd. 22-01-2021 is set aside subject to cost of Rs. 500/- be paid to plaintiff on next date.
     NM No. 309/21 is disposed off.
Matter is adjd.to 17-02-2021 for hearing P.H..
Next Purpose: HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv for plaintiff absent.
Adv. Mr. Hardik Jain for defendant present.
Mr. Vikram Sawala is plff present.
Exh.19- Application submitted by deft. for adjournment as parents of adv. Tanna suffered from Corona, hence, prayed for two weeks adjd.- Granted.
In view of order dtd. 10.02.2021, cost imposed of deft. is paid to plff. endorsement is obtain on Exh. 19.
Matter is adjd.to 09.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: PW No. 1 Mr. Vikram Savla present.
Adv. Priti Gada for plaintiff present.
Adv. M. K. Tanna for defendant present.
Cross examination of PW No. 1 is completed by the Adv. for defendant.
Matter is adjd. to 24.03.2021 for R/E (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None for both sides.
Matter is adjd.to 10.06.2021 for R/E (P/H)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Adv. Ms. Jinklle Vira for plaintiff present.
Adv. Dinesh Jain for defendant present.
Heard argument of  both sides on the point of case management hearing.
Schedule of trial determined after case management hearing. - Exh. 19.
Adv. for the plaintiff filed draft NM with supporting affidavit. Leave is granted to register NM. Adv. for plaintiff is directed to collect draft NM with affidavit for registration.
Matter is adjd.to 18-08-2021 for R/E P.H. and filing
registered NM.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. Preeti Gada for plaintiff present and filed registered NM No. 1728/21 with supporting affidavit t.o.r.
Adv. Dinesh Jain for defendant present.
Matter is adjd.to 03-09-2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv. Sonal Darbar for plaintiff present
Adv. M. K. Tanna h/f A. V. Jain & Associates for defendant present.
Heard argument of both sides.
Matter is adjd.to 06-09-2021 for  NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Advocate Sonal Darbar for Plaintiff present.
Advocate C. D. Mishra for Defendant present.
K.B. for Order.
- ORDER -
1. Notice of Motion No.1728/2021 is dismissed.
2. N/m No. 1728/2021 is disposed off accordingly.
Matter is adjd.to 06-10-2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Hardik Jain  for defendant
Matter is adjd.to 29-10-2021 for filing evidence affidavit of
witnesses by the defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 20-11-2021 for filing evidence affidavit of
witnesses by the deft.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv. Sonal Darbar for plaintiff present and submitted that she wants to file evidence affidavit of one more witness and prayed for adjournment. - Short date be given.
Adv. Hardik Jain for defendant present.
Both sides are directed to file statement of truth in
support of written statement and affidavit of admission and
denial of documents on the next date of hearing.
Matter is adjd.to 15-12-2021 for filing  statement of truth
by defts and admission/denial and affidavit of evidence by the plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Preeti Gada for plaintiff present.
Adv. A. V. Jain for defendant present .
Matter is adjd.to 20-01-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 15-02-2022 for filing  statement of truth
by defts. and admission/denial and affidavit of evidence
by plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Rasesh Shah h/f Preeti Gada for plaintiff present and submitted the plaintiff wants to examine one more witness.
Adv. Ashok V. Jain i/b A. V. Jain Associates for defendant present and submitted that NM 1728/21 filed by the plaintiff for re-registration of the suit as a summary suit is dismissed. He further submitted that now the plaintiff wants to examine witness. According to one witness is already examined and documents are exhibited.
Considering developments in the matter pointed out by Ld. Counsel Shri.  Ashok V. Jain, matter is fixed for evidence of plaintiff with direction to the plaintiff to file evidence affidavits of all witnesses on the next date of hearing.
Matter is adjd.to  09-03-2022 for filing evidence
affidavits by plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv. Sonal Darbar for plaintiff present and filed list of witness t.o.r. and marked as Exh.20
Adv. Ashok Jain for defendant present and received copy of Exh. 20.
Matter is adjd.to 28-03-2022 for filing evidence affidavit
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv. Sonal Darbar for plaintiff present and filed evidence affidavit P.W.2. Mahendra Jethalal Savla t.o.r. and marked as Exh.21.
She also filed list of document t.o.r. and marked as Exh.22. None for defendant. Ganesh Bhanage clerk of the defendant’s advocate received copy of Exh.21 and 22.
Matter is adjd.to 25-04-2022 for cross examination of P.W.2 at Exh.21.
Next Purpose: FOR___________________
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Ashok Jain for defendant present.
Matter is adjd.to 21-06-2022 for admission denial by the
deft. And cross examination of PW - 2 on Exh. 21.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Hardik Jain for defendant present.
Exh-23 Affidavit of admission denial filed by adv. for defendant. O- Read and recorded.
Adjd for hearing on admissibility of documents to 21/07/2022
Next Purpose: HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Adv. M. K. Tanna along with Dinesh Jain i/b A. V. Jain associates for defendant present.
Adv. Priti Gada for plaintiff present.
Heard arguments of Ms. Priti Gada and adv. Mr. Tanna on admissibility of documents.
Adjd for orders on admissibility of documents to 27/07/2022
Next Purpose: ORDER
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None present when called.
Court is busy in judgment in commercial summary suit 137/22 hence adjourned.
Adjd for orders to 01/08/2022
Next Purpose: ORDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Preeti Gada for plaintiff present.
Court is busy in other matters hence adjourned.
Adjd for orders to 06/08/2022
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Preeti Gada for plaintiff present.
Court is busy in passing judgment in commercial suit No. 259/22 hence adjourned.
Adjd for orders to 20/08/2022
Next Purpose: ORDER
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Rasesh Shah h/f Adv. Preeti Gada for plaintiff present.
Court is busy in passing exparte judgment in other suit hence adjourned. Adjd for order to 24/08/2022
Next Purpose: ORDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Preeti Gada for plaintiff present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for orders to 17/09/2022
Next Purpose: ORDER
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Jitendra Gupta for plaintiff present.
Court is busy in recording evidence and passing NM order In other suit hence adjourned.
Adjd for orders to 15/10/2022
Next Purpose: ORDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present when called.
Court is busy in passing orders in other suit hence adjourned.
Adjd for orders to 01/11/2022
Next Purpose: ORDER
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Jitendra gupta for plaintiff present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for orders to 09/11/2022
Next Purpose: ORDER
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: None present when called.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 16/11/2022
Next Purpose: ORDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None present when called.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 21/11/2022
Next Purpose: ORDER
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv. Preeti Gada for plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 01/12/2022
Next Purpose: ORDER
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Jitendra Gupta for plaintiff present.
Adv. for defendant present
Court busy in hearing arguments on NM 3884/22
Adjd to 14.12.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. Jitendra Gupta h/f Adv. Preeti Gada for plaintiff present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for orders to 20/12/2022
Next Purpose: ORDER
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: None present when called.
Court busy in passing order in NM 4175/22, NM 4176/22, NM 4174/22, and NM 3852/22
Adjd for Order on 07/01/2023
Next Purpose: ORDER
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv. Preeti Gada for plaintiff present.
Court is busy in passing judgment in other suit hence adjd.
Adjd for orders to 10/01/2023
Next Purpose: ORDER
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: None for plaintiff.
None for defendant.
Court is busy in hearing argument of NM 2789/22 and defendant in NM no.792/22, 793/22, 794/22 and 795/22.
Case is adjourned for order to 12-01-2023.
Next Purpose: ORDER
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for plaintiff.
None for defendant.
Court is busy in Recording evidence in Commercial suit no. 211 of 2021.
Case is adjourned for order to 20-01-2023.
Next Purpose: ORDER
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: None for plaintiff.
None for defendant.
Court is busy in passing orders in Commercial suit nos. 22/21, 1111/21 and 179/22.
Case is adjourned for order to 01-02-2023.
Next Purpose: ORDER
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None for plaintiff.
None for defendant.
Court busy hearing in Commercial suit no.66/2020 and  passing order in commercial Suit nos. 47/22, 1205/21, 520/22 and dictating judgment in commercial suit no. 256/22, 09/22, 101/22, 102/22, 198/22.
Case is adjourned for order to 06-02-2023.
Next Purpose: ORDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None for plaintiff.
None for defendant.
Court is busy in dictating judgment in Commercial Summary 82 of 22, and dictating order in Summons for judgment No. 16 of 22, NM No. 3624 of 22.
Case is adjourned for order to 09-02-2023
Next Purpose: ORDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present.
As Court busy in dictating order in Ch/s. No. 1390/2022, case is adjourned to 20.02.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None present.
Court is busy in recording evidence in Commercial Suit 211 of 21 and hearing in NM no. 4982 of 2022 and NM no. 121 of 2023.
Case is adjourned for order to 24-02-2023.
Next Purpose: ORDER
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: None present.
The court heard the argument of both sides on the marking of documents.
     The ld adv Priti Gada for plaintiff submitted that defendant admitted the documents. She also submitted that the documents were filed by the plaintiff in support of claim. Defendant has chance to cross-examine the witness.  She also submitted that the PW-2 knows the transaction. She also submitted that the copy of income tax return is filed on record. Hence, she submitted that documents be marked as exhibits.
      The Ld Adv Tanna for defendant submitted that the documents filed by the plaintiff which was not relied in the plaint and hence, defendant is not get opportunity to contest the documents.  It is argued by defendant that new case has been made out by the plaintiff.  The plaintiff has to seek permission of the Court to file the documents. He objected for marking of documents. She submitted that documents doesn’t come from proper custody. Hence, defendant submitted that the documents can not be marked as exhibits and production can not be allowed.
     After considering argument of both sides, it is admitted fact that the plaintiff filed affidavit of PW-02 namely Mahendra Savla at Exh.21. It is seems from record that list of documents filed by plaintiff at Exh.22 was taken on record. It is also seen record that vide Exh.23 the defendant has filed say to the documents filed by the PW-02 at Exh.22.  The defendant in his say denied all the documents.  In this case the affidavit of examination in Chief of PW-02 is filed on record.  PW-02 in his affidavit of examination in chief has made reference of all the document filed at Exh.22.
   Ld adv for defendant objected for marking of four demand promissory note produced by the plaintiff witness in support of his claim. PW-02 in his affidavit has stated that said documents were signed in his presence.  There is sufficient formal proof tendered and the document can certainly be admitted on record and marked in evidence.  These documents contain statement of facts and the truth of such facts is in issues and will have to be established.  PW-02 deposed about the documents. Now defendant can cross-examine the plaintiff witness and the Court will finally decide on the truth in the course of trial.
   The second set of documents objected by the defendant are the income tax challan and statement of computation.  Income Tax Challan are the original documents and it bears the seal of income tax department.  The PW-02 deposed about contents of the documents in his affidavit. The formal proof of the income tax challan and statement of computation has been tendered by PW-02. Therefore, the said documents can be marked as exhibit.
   The third set of documents is original notice receipts from income tax department.  The said notice is original one and it is marked to be exhibit.
   The fourth and fifth set of documents are the copy of letter dated 21-12-2018 and acknowledgement receipts.  The said letter is the office copy. Acknowledgement receipts is original one. The formal proof of the copy of letter and acknowledgment receipt has been tendered by PW-02. Hence, these can be taken on record.
    Ld adv for the defendant strongly objected for exhibiting the documents.  He also argued that the documents were filed on record beyond the pleading. Hence, they can not be admitted. In present case the documents are already taken on record. The objections regarding the admissibility can be taken on record.  Exhibition of documents is administrative function. Mere exhibition of document cannot dispense with the proof of documents. Hence, there will be no prejudice to the defendant. Exhibiting or marking of a document after such formal proof is tendered does not, however, mean that the question of genuineness of the document is finally concluded in the trial. There may be other aspects reflecting on the genuineness of a document. If these aspects are in issue or relevant in a trial, they can be brought out by the defendant in cross-examination or other independent evidence. Only when all the evidence is led that the court may take a final call on the genuineness of a document in this sense. So also, exhibiting or marking of a document in evidence after its formal proof is tendered does not mean that the truth of its contents is proved, whenever of course the truth is in issue, as explained above. The truth is open to be questioned in the cross-examination or by producing independent evidence and has to be determined in the trial.
   Ld adv for the defendant submitted that by producing the document the plaintiff has made out new case. In my view the defendant can get opportunity to cross-examine the witness. Whether the plaintiff has made out new case or not that question can be decided at the time of final hearing of the case.  So also whether the evidence adduced by PW-02 is admissible or not that can be decided at the time of final hearing of the case.  Hence, at this stage it would not be proper to make any observation about the evidential value of document.
   Considering the submission and affidavit of examination chief tendered by PW-02. It is just and proper to exhibit the document filed alongwith list Exh.22.  Mere exhibition of documents doesn’t mean that document is proved. Hence, No prejudice will be caused to the defendant. Hence, document filed by the PW-02 are marked following exhibits.
Exh.24 to 28 – Four Original demand promissory note by the defendant.
Exh.29 colly. - Ten original income tax challan alongwith statement of computation for the years 2008-2009 till 2017-2018.
Exh.30 - Original notice dated 15-12-2018 received from the income tax department by the plaintiff.
Exh.31 - Original office copy of the letter dated 21-12-2018 by plaintiff to income tax department.
Exh.32 - Original acknowledgment card.
Case is adjourned for cross of PW-02 to 14-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv Preeti Gada for plaintiff present
Witness present.
KB LO 11.53 am
Adv M.K. Tanna for defendant is present.
Case is adjourned for cross examination to 23-03-2023 at 3.00 pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None present.
Case is adjourned on 12.04.2023 for evidence.
Later on at 3.09 p.m.
Adv. M. K. Tanna i/b A V. Jain and associates for defendant present.
Case is adjourned on 12.04.2023 for evidence.
Later on at 3.20 p.m.
Adv. Priti Gada for plaintiff present.
Plaintiff witness present.
None for defendant.
Case is adjourned on 12.04.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Preeti Gada for plaintiff is present.
Adv. M.K. Tanna a/w Ashok Jain for deft is present.
L.O. at 1.00 pm
Both advocates present.
Plaintiff Witness present.
Evidence of PW-02 is commenced and concluded.
Case is adjourned for further evidence to 13-06-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd
Plaintiff side called, but absent.
Exh.33-Plaintiff clerk has filed pursis of closure of evidence.
Adv. Ashok Jain present for defendant.
Matter is adjourned for evidence of defendant.
Matter adjourned to 04.07.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd
Intern Vanshika Mahajan present for plaintiff.
Clerk for defendant present.
Exh.34- Application for adjournment. O- Allowed.
Counsel and parties are absent.
Matter adjourned to 18.07.2023 for recording evidence (P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd
Plaintiff side called, but absent.
Adv. Ashok Jain present for defendant.
Exh.35 - Evidence affidavit of defendant Witness Nilesh Bharani.
Exh.36 - List of documents.
Defendant to remain present for recording of evidence.
Adjourned to 25.09.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv. Jeetendra Gupta present for plaintiff..
Defendant side called, but absent.
As Court is on leave, matter adjourned.
Matter adjourned to 25.10.2023 for evidence of plaintiff (P. H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Ratanbai Savia V/s Sunshine Tracon
Adv. Jeetendra Gupta present for plaintiff.
Exh.37- Chamber Summons filed by plaintiff.
Order - Leave is granted to register it.
Exh.38  - Affidavit in support of Chamber Summons.
Case adjourned to 02.12.2023 for chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: Ratanbai Savia V/s Sunshine Tracon
Adv. Riddhi Shah present for plaintiff.
Adv. Ashok Jain  present for defendant.
Adv. Riddhi Shah tendered registered Ch/s 1967/ 2023 on record.
Order - Through Chamber Summons No. 1967 /2023 plaintiff contended that, sole plaintiff Ratanbai Savala died on 24.08.2023. Hence, the plaintiff side want to brings her Legal Heirs on record.
Defendant submitted for suitable order on Chamber Summons.
Considering, the over all facts Chamber Summons No.1967 /2023 is allowed.
Plaintiff to carry out necessary amendment by next date.
Suit adjourned to 18.12.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Ratanbail Savia V/s Sunshine Tracib
Adv. Vanshika Mahajan present for plaintiff.
Defendant Representative Nilesh Bharani present for defendant.
As Court is  on leave, matter adjourned.
Case adjourned to 12.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ratanbai Savia V/s Sunchine Tracon
Adv. Jitendra Gupta present for plaintiff.
Exh.39 - Amended copy of plaint filed by plaintiff.
Defendant side called, but absent.
Parties to take steps regarding evidence.
Case adjourned to 17.01.2024 for evidence of plaintiff.
Later on at 11.40 Hrs.
Adv. Ashok Jain present for defendant.
Nilesh Bharani, present on behalf of defendant present.
They submitted that, the plaintiff has not supplied copy of amended plaint.
Plaintiff to supply the copy to defendant.
Suit is filed on 23.07.2019. Hence, parties to expedite
Case adjourned to 17.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ratanbai Savia Vs. Sunshine Tracon
Adv Priti Gada present for plaintiff.
Adv Ashok Jain present for defendant.
Defendant is seeking oral adjournment.
Suit is filed on 23.07.2019.  Hence, parties to expedite.
Case adjourned to 24.01.2024 for Cross Examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ratanbai Savia V/s Sunshine Tracon
Plaintiff side called, but absent.
Defendant representative Nilesh Bharani present. His Counsel absent.
Later on at 11.34 Hrs.
Adv. M. K. Tanna present for defendant.
Adv. Ms. Priti Gada present for plaintiff.
Exh.40
Certified copy of Extract of Resolution Dt. 04.10.2019.
Exh.41
Certified copy of Resolution Dt. 10.07.2023.
Case adjourned to 30.01.2024 for cross-examination of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ratanbai Savia V/s Sunshine Tracon
Plaintiff side called, but absent.
Defendant witness Nilesh Bharani present. His counsel absent.
Later on at 12.02 Hrs.
Adv. Preeti Gada present with plaintiff.
Adv. M. K. Tanna present for defendant.
Defendant witness Nilesh Bharani present.
Part cross-examination of defendant witnesss Nilesh Bharani conducted by plaintiff.
On oral request of plaintiff counsel, further cross-examination is adjourned to 06.02.2024 at 12.00 hrs.
Case adjourned to 06.02.2024 at 12.00 hrs for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: Ratanbai Savia V/s Sunshine Tracon
Adv. Mittal Chheda present for plaintiff.
Defendant side called, but absent.
Defendant witness absent.
Plaintiff is seeking oral adjournment.
Suit adjourned to 12.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: PO is on leave.
Ratanbai Savia V/s Sunshine Tracon
Adv. Preeti Gada present for plaintiff.
Adv. A. V. Jain present for defendant.
On oral request of plaintiff,  Suit adjourned to 07.03.2024.
Suit adjourned to 07.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Ratanbai Savla V/s Sunshine Tracon
Adv. Preeti Gada present for plaintiff.
Plaintiff No. 1 present.
Adv. M. K. Tanna present for defendant.
Defendant witness absent.
Suit is pending for cross-examination of plaintiff.
Suit adjourned to 10.04.2024 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd
Adv. Preeti Gada present for plaintiff.
Adv. M K Tanna present for defendant.
Defendant witness Nilesh Bharani present.
Court is having charge of two other courts.
Paucity of the time with court.
Suit adjourned to 13.06.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Ratanbai Savla V/s Sunshine Tracon
Adv. Vanshika Mahajan present for plaintiff.
Adv. Maulik Tanna present for defendant.
Defendant witness Nilesh Bharani present.
On oral request of plaintiff suit is kept back.
Later on at 13.20 Hrs.
Adv. Vanshika Mahajan present for plaintiff.
Adv. Maulik Tanna present for defendant.
Defendant witness Nilesh Bharani present.
As the first half of the Court is over, cross - examination is adjourned
Suit adjourned to 21.06.2024 for further cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Ratanbai Savla Vs. Sunshine Tracon
Plaintiff Mahendra Savla present. His counsel absent.
Defendant Nilesh Bharani present. His counsel absent.
On oral request of parties, Suit is Kept back.
L.O. at 12.55 Hrs.
Adv. Ms. Priti Gada present for plaintiff.
Adv. M. K. Tanna present for defendant.
Witness Nilesh Bharani present.
After witness is put into the witness box, Adv. Ms. Priti Gada submitted that, she intends to file application seeking production of documents from defendant.
This submission could have been made by plaintiff at 11.00 Hrs. However, Suit is kept back and then submission is made at 12.55 Hrs.
Had plaintiff filed application at 11.00 or 11.30, then it would have not caused inconvenience to the Court as well as litigants and lawyers.
Now, plaintiff submitted that, she intends to file application on next date.
Parties to take steps accordingly.
Suit adjourned to 10.07.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Matter pertains to Court Room No.31.
Adv. Preeti Gada present for plaintiff.
None for defendant.
Exh.42 - Draft Chamber Summons filed by plaintiff.
Exh.43 - Affidavit in support of  Chamber Summons.
Order - Leave is granted to register chamber summons.
Copy be served to other side.
Suit adjourned to 01.08.2024 for Chamber Summons returnable and Service of Chamber Summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Adv. Preeti Gada present for plaintiff.
Plaintiff representative Mahendra Sawla present.
Adv. Dipesh Jain present for defendant.
Defendant representative Nilesh Bharani present.
Registered Chamber Summons No. 1570 / 2024 filed by plaintiff.
Exh.44- Reply to Chamber Summons No. 1570 / 2024 filed by defendant.
Suit adjourned to 06.08.2024 at 15.00 Hrs. for chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Adv. Preeti Gada present for plaintiff.
Adv. Maulik Tanna present for defendant.
Heard both sides on Chamber Summons No. 101570 / 2024.
Suit adjourned to 16.08.2024 Chamber Summons Order.
Next Purpose: ORDER
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Paucity of time with Court.
Court busy in passing Orders in Notice of Motion No. 1833 / 2024.
Suit adjourned to 17.08.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
FRSR following order is passed in Chamber Summons No. 101570 / 2024.
ORDER
1. Chamber Summons No. 101570 / 2024 is allowed subject to Cost of Rs. 15,000/- (RS. Fifteen Thousand Only).
 Out of said cost, plaintiff shall pay Rs. 10,000/- (Rs. Ten Thousand Only) to defendant .
 Out of said cost, plaintiff shall pay Rs. 5,000/- (Rs. Five Thousand Only) to DLSA, Mumbai.
 2. By next date, plaintiff shall pay the cost, shall carry out necessary amendment, shall file copy of amended Plaint and shall supply copy of amended Plaint to defendants.  3. If plaintiff fails to comply the Order by next date, then the Suit shall proceed further. 4. Proceeding of Chamber Summons No. 101570 of 2024 is closed.  5. Order pronounced in open Court.  6. Plaintiff be informed about its right to challenge this Order and period of limitation for the same. 7. Record of Chamber Summons shall be part of  Commercial Suit No. 100065 / 2019.Suit adjourned to 31.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Adv. Vanshika Mahajan present for plaintiff.
Adv. Ashok Jain present for defendant.
Exh.45- Pursis filed by plaintiff regarding compliance of Order dt. 17.08.2024 regarding cost.
Defendant is seeking oral adjournment to file consequential amendment.
Suit adjourned to 20.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd.
Adv. Preeti Gada present for plaintiff.
Adv. Dipesh Jain present for defendant.
Defendant representative Nilesh Bharani present.
Defendant is seeking oral adjournment to file consequential amendment.
Perused record.
Perused issues dt. 22.01.2020 (Exh. 6), framed by my Ld. Predecessor.
Pleading warrants framing of additional issue regarding maintainability of the suit, in view of Sec. 216 of the Commercial Courts Act.
Hence, additional issue is being framed and the issues are being re-numbered.
Suit adjourned to 18.11.2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Adv. Preeti Gada present for plaintiff.
Adv. Ashok Jain  present for defendant.
Exh.46- Additional Written Statement filed by defendant.
Exh.47- Memorandum of address.
Exh.48- List of documents filed by defendant.
Plaintiff is seeking oral adjournment to lead evidence, against addition issue.
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 08.01.2025 for evidence.
                                                                              Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Ratanbai Jethalal Savla Vs Sunshine Tracon Pvt Ltd
Adv. Vanshika Mahajan present for plaintiff.
Defendant side called, but absent.
Exh.46- Application filed by plaintiff for framing of additional issues.
Defendant to file reply.
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 07.03.2025 for evidence.
                                                                                     Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Ashok Jain for defendant present.
Today, the copy of application (Exh.46) has been served upon the Ld advocate for the plaintiff.
Matter stands Adj for reply/hearing on (Exh.46) on 11-04-2025.
Next Purpose: REPLY
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: Presiding officer is on leave today.
Next Purpose: REPLY
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Ashok Jain for defendant present.
Exh.46 is an application which plaintiff filed on 08.01.2025 however, there is no prayer in it. Plaintiff wanted time to consider additional issue framed by Predecessor of this court. Enough time has already granted to plaintiff. Exh.46 doesnt even required reply hence, it is disposed off. Hence, put up matter for further cross examination of defendants witness.
Matter stands Adj to 04-08-2025 for cross examination of defendant’s witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Adv. Preeti Gada for plaintiff present
Adv. Ashok V. Jain for defendant present.
Defendant’s witness Nilesh Bharani is present.
Exh.49 Application filed by plaintiff for deleting issue No.2.
Copy served on defendant.
Matter stands Adj to 19-09-2025 for reply on Exh.49.
Next Purpose: REPLY
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Adv. Priti Gada for plaintiff present.
Mr. Nilesh Bharani witness No.1 is present.
Adv. Maulik Tanna along with Adv. Ashok Jain i/b M/s. A.V. Jain and asso. for defendant present.
Exh.50 - Reply filed by advocate for defendant on Exh.49.
Advocate for plaintiff submits that she will move draft notice of motion for setting aside order dated 06.09.2021.
Matter stands Adj for filing draft NM by plaintiff to 30.10.2025.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: Adv. Preeti Gada for plaintiff present through VC.
Adv. Dipesh Jain for defendant present through VC.
    On the oral request of advocate for plaintiff, time is granted for tendering draft chamber summons.
Matter stands Adj to 13-11-2025 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Plaintiff No.1A Mahendra Savla is present.
Adv. Ashok Jain i/b M/s. A. V. Jain Associates for defendant present.
Adv for plaintiff filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy is served on defendant.
Matter stands Adj to 09-12-2025 for tendering registered NM and reply by defendant on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present.
Adv. Dipesh Jain i/b AV Jain and Associates for defendant present through VC.
   Advocate for plaintiff tendered the registered Notice of Motion No.6141/2025 along with affidavit in support. TOR
Matter stands Adj to 30-01-2026  for reply by defendant on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: Adv. Vanshika Mahajan for plaintiff present
Adv. Ashok Jain i/b M/s A. V. Jain Associates for defendant present.
Exh.51 Reply to NM 6141/2025 filed by defendant.
Copy is served on other side.
Matter stands Adj to 05-03-2026 for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present.
Adv. Dipesh Jain for defendant present through VC.
Matter stands Adj to 18-04-2026 for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-04-2026

Date: 18-04-2026
Business: Adv. Preeti Gada for plaintiff present.
Adv. Maulik Tanna for defendant present through VC.
Adv. Ashok Jain i/b A. V. Jain Associates for defendant present in Court hall.
Matter stands Adj to 23-06-2026 for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: Adv. Preeti Gada for plaintiff present through VC.
Adv. Dipesh Jain for defendant present through VC.
Matter stands Adj to 15-07-2026 for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: Adv. Vanshika Mahajan i/b Adv. Preeti Gada for plaintiff present through VC.
Adv. Dipesh Jain for defendant present through VC.
Matter stands Adj to 27-08-2026  for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: Adv. Vanshika Mahajan a/w Adv. Preeti Gada on VC for plaintiff present.
Adv. Maulik Tanna on VC a/w Adv. Ashok Jain for defendant present through VC.
Matter stands Adj to 06-10-2026 for argument on NM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-10-2026

Additional Case Details

Additional Case Details
Filing Number: 107578/2019
Filing Date: 09-07-2019
First Hearing Date: 21st August 2019
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

14
Interim Order 6
20 Sept 2024
Order Details: Other
Pdf Text: -- 1 of 1 --
Interim Order 7Full order available
17 Aug 2024

Order Details: Chamber summons Pdf Text: Ch/s No.101570 / 2024 Ratanbai – Sunshine Order (Exh.42) 1 of 5 City Civil and Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) MHCC010136722024 Chamber Summons Filed : 10.07.2024 Arguments Over : 06.08.2024 Decided on : 17.08.2024 Duration : 01 M, 08 Days Exhibit No.42 Commercial Suit No. 100065 / 2019 Chamber Summons No. 101570 / 2024 Plaintiffs : Ratanbai Jethalal…

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Interim Order 5Full order available
30 Jan 2024

Order Details: Other Pdf Text: CS No. 100065 / 2019 Ratanbai – Sunshine Exh.35 1 / 2 Further Examination in chief of Defendant witness Nilesh Bharni on oath by Adv. M. K. Tanna, for defendant. Adv. Preeti Gada present for plaintiff. 1) Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.35. I have filed following document on record. Same be allotted Exhibit mark. Exh.40 : Certified copy of Extract of Resolution…

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Interim Order 4
24 Jan 2024
Order Details: Other
Pdf Text: CS No. 100065 / 2019 Ratanbai – Sunshine Exh.35 1 / 1
Further Examination in chief of Defendant witness Nilesh
Bharni on oath by Adv. M. K. Tanna, for defendant.
Adv. Preeti Gada present for plaintiff.
1) Affidavit now shown to me bears my signature. Its
contents are true. It is already marked as Exh.35. I have filed
following document on record. Same be allotted Exhibit mark.
Exh.40 : Certified copy of Extract of Resolution Dt.
04.10.2019.
Exh.41 : Certified copy of Resolution Dt. 10.07.2023.
Court observation : It is made clear to both parties that,
documents are marked as Exhibit (in accordance with contents
from evidence affidavit) for identification purpose.
Both sides are at liberty to prove and disprove the contents of the
documents, in accordance with various provisions, pertaining to
Commercial Courts Act, Code of Civil Procedure, Indian
Evidence Act and Information Technology Act.
Further examination in chief is over :
Cross-examination is adjourned on oral request of plaintiff.
ROAC
Mumbai
Dated : 24.01.2024
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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Interim Order 3Full order available
24 Feb 2023

Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100065/2019 Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd Date : 24-02-2023 Business : None present. The court heard the argument of both sides on the marking of documents. The ld adv Priti Gada for plaintiff submitted that defendant admitted the documents. She also submitted that the documents were filed by the plaintiff in support of claim. Defendant has chance to…

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Interim Order 2Full order available
06 Sept 2021

Order Details: Notice of Motion Pdf Text: N/m No. 1728/21 in Comm. Suit No. 65/19. 1 Order. MHCC010056832021 Presented on : 09-08-2021 Registered on : 09-08-2021 Decided on : 06-09-2021 Duration : 0 years, 0 months, 28 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1728 OF 2021 IN COMMERCIAL SUIT NO. 65 OF 2019 Ratanbai Jethalal Savla ...Plaintiff Versus Sunshine Tracon Pvt. Ltd. ...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE :…

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Interim Order 1Full order available
07 Aug 2021

Order Details: Other Pdf Text: Comm.Suit No. 65/2019. 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 65 OF 2019 Exh.19. Ratanbai Jethalal Savla )...Plaintiff Versus Sunshine Tracon Pvt. Ltd. )...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE : 7th AUGUST, 2021. Ms. Jinklle Vira, Advocate for the plaintiff. Mr. A.B.Jain, Advocate for the defendant. SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING (ORDER XVA RULE 1 OF CPC) Heard learned counsel Jinklle Vira for…

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Order 6
20 Sept 2024
Order Details: Other
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Order 7Full order available
17 Aug 2024

Order Details: Chamber summons Pdf Text: Ch/s No.101570 / 2024 Ratanbai – Sunshine Order (Exh.42) 1 of 5 City Civil and Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) MHCC010136722024 Chamber Summons Filed : 10.07.2024 Arguments Over : 06.08.2024 Decided on : 17.08.2024 Duration : 01 M, 08 Days Exhibit No.42 Commercial Suit No. 100065 / 2019 Chamber Summons No. 101570 / 2024 Plaintiffs : Ratanbai Jethalal…

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Order 5Full order available
30 Jan 2024

Order Details: Other Pdf Text: CS No. 100065 / 2019 Ratanbai – Sunshine Exh.35 1 / 2 Further Examination in chief of Defendant witness Nilesh Bharni on oath by Adv. M. K. Tanna, for defendant. Adv. Preeti Gada present for plaintiff. 1) Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.35. I have filed following document on record. Same be allotted Exhibit mark. Exh.40 : Certified copy of Extract of Resolution…

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Order 4
24 Jan 2024
Order Details: Other
Pdf Text: CS No. 100065 / 2019 Ratanbai – Sunshine Exh.35 1 / 1
Further Examination in chief of Defendant witness Nilesh
Bharni on oath by Adv. M. K. Tanna, for defendant.
Adv. Preeti Gada present for plaintiff.
1) Affidavit now shown to me bears my signature. Its
contents are true. It is already marked as Exh.35. I have filed
following document on record. Same be allotted Exhibit mark.
Exh.40 : Certified copy of Extract of Resolution Dt.
04.10.2019.
Exh.41 : Certified copy of Resolution Dt. 10.07.2023.
Court observation : It is made clear to both parties that,
documents are marked as Exhibit (in accordance with contents
from evidence affidavit) for identification purpose.
Both sides are at liberty to prove and disprove the contents of the
documents, in accordance with various provisions, pertaining to
Commercial Courts Act, Code of Civil Procedure, Indian
Evidence Act and Information Technology Act.
Further examination in chief is over :
Cross-examination is adjourned on oral request of plaintiff.
ROAC
Mumbai
Dated : 24.01.2024
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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Order 3Full order available
24 Feb 2023

Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100065/2019 Ratanbai Jethalal Savia Vs Sunshine Tracon Pvt Ltd Date : 24-02-2023 Business : None present. The court heard the argument of both sides on the marking of documents. The ld adv Priti Gada for plaintiff submitted that defendant admitted the documents. She also submitted that the documents were filed by the plaintiff in support of claim. Defendant has chance to…

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Order 2Full order available
06 Sept 2021

Order Details: Notice of Motion Pdf Text: N/m No. 1728/21 in Comm. Suit No. 65/19. 1 Order. MHCC010056832021 Presented on : 09-08-2021 Registered on : 09-08-2021 Decided on : 06-09-2021 Duration : 0 years, 0 months, 28 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1728 OF 2021 IN COMMERCIAL SUIT NO. 65 OF 2019 Ratanbai Jethalal Savla ...Plaintiff Versus Sunshine Tracon Pvt. Ltd. ...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE :…

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Order 1Full order available
07 Aug 2021

Order Details: Other Pdf Text: Comm.Suit No. 65/2019. 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 65 OF 2019 Exh.19. Ratanbai Jethalal Savla )...Plaintiff Versus Sunshine Tracon Pvt. Ltd. )...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31). DATE : 7th AUGUST, 2021. Ms. Jinklle Vira, Advocate for the plaintiff. Mr. A.B.Jain, Advocate for the defendant. SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING (ORDER XVA RULE 1 OF CPC) Heard learned counsel Jinklle Vira for…

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