Date: 02-07-2018
Business: The matter is adjd to 27.07.2018 for reply to N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-07-2018
Date: 27-07-2018
Business: Adjourned on 19.09.18 for reply in NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: Matter adj. for Compliance to 02.11.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Matter adj. for NM Hearing to 14.12.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Hence matter adj. for NM Hearing to 25.02.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Matter adj. for Compliance and NM Hearing to 03.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Matter adj. for Compliance and NM Hearing to 26.042019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Matter adj. for Compliance and Reply to show cause notice by D-1 and 2 to 15.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Matter stands Adj for compliance to 15.07.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: PO IS ON HALF DAY LEAVE (SECOND SESSION).
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Matter called out (03.04 pm)
Advocate for plaintiff present.
Advocate for defendant 1 and 2 present and filed reply.
Advocate for defendant made a statement that, the books of accounts were handed over to the earlier advocate. Hence, defendant are seeking time. Time granted.
Matter adj for NM hearing to 07.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Matter called out(2.53pm)
Adv.for plaintiff present.
Adv.Mehul Thakkar for defendant present.
At the request of defendant.
Matter adj for hearing on N/M on 23/09/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Matter called out(2.42pm)
Adv.for plaintiff present.
Kept back
Second time matter called out(4.03pm)
Defendant absent.
As per the roznama defendant failed to produce books of accounts. Hence, by way of last chance matter is adj to 17/10/19 hearing, in the event defendant failed to produce the books of accounts this court will struck down defense.
Matter is adj to 17/10/19 hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Matter called out(2.52pm)
Adv.R.J.Thakkar for plaintiff present.
Adv.Pratiksha Vora for defendant present.
Adv. for defendant submitted that, she could able to collect only bank book from the earlier advocate which she is wanted to filed on record.
At the request of advocate for defendant matter kept back.
Second time matter called out(4.05pm)
Adv.R.J.Thakkar for plaintiff present.
Adv.Pratiksha Vora for defendant present.
Defendant is directed to personally remain present on next date.
Matter is adj to 04/11/19 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Matter called out(2.56pm)
Adv.Maulir Chheda for plaintiff present.
Adv.Mehul Thakkar a/w Harshad Trivedi for defendant present.
Defendant in person present.
This court on 15/06/2019 specifically directed him to file affidavit in respect of books of accounts of the firm from 01/04/1988 till the death of plaintiff husband and also to disclosed the about the immovable property shop no.14(a) and 14(b). Till date defendant failed to file such affidavit. Therefore, defendant is directed to file the same today only.
Adv.Harshad Trivedi who was earlier representing the defendant is also present in the court. He made statement that, books of accounts were filed in the court. However, commissioner report says that there is no cash book therefore, he cannot assess the accounts from 1988 till the death of plaintiff husband. Even the cash book is not available on record. There is bank book for period 1987-88 is available on record.
There is no roznama which speak about filing of cash book on record. The Adv.Trivedi seeking time to file details affidavit. Time granted.
Adv. for defendant seeking leave to inspect the record. Leave granted.
kept back.
Second time matter called out(4.41pm)
Adv.Maulir Chheda for plaintiff present.
Adv.Mehul Thakkar a/w Harshad Trivedi for defendant present after going through the record inform that, books of accounts was filed during cross-examination vide Exh-19 and Exh-20. However, the aforesaid exhibit did not find on record. On contrary as per roznama dated 20/10/2003 it appears that, 12 books of accounts were handed over to the advocate of defendant. Thus, in order to get the whereabout of cash books and for filing proper affidavit by the defendant and his earlier advocate matter needs to be adj.
The roznama of the matter is not in good condition therefore, sheristedar directed to take the photocopy of roznama and keep in the record.
Matter is adj to 07/12/19 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Matter called out(3.08pm)
Adv.Rajendra J.Thakkar for plaintiff present.
Adv.R.K.Dave for defendant present filed affidavit in compliance with the order dated 04/11/2019. (Exh-31) T.O.R.
Adv.Harshad Trivedi who was earlier advocate of defendant absent.
Adv.R.K.Dave seeking time to take instruction from adv.Harshad Trivedi.
Adv.Rajendra J.Thakkar for plaintiff filed written submission filed by plaintiff advocate.(Exh-32)
At the request of advocate for defendant.
Matter is adj to 01/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Matter is called out at 4.35pm
Adv.Jyoti Thakkar for plaintiff present.
Adv.Ramdas Kavde h/f Adv. Dave for defendant present.
Adv.Ramdas Kavde h/f Adv. Dave for defendant filed adj. application (Exh-33) O- Adj. granted by way of last chance.
Adv. for plaintiff seeking time to take appropriate steps.
Matter is adj to 23/03/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Plaintiff present.
None for defendants.
On oral request of plaintiff for matter is adjourned as last chance.
Adjd to 03.03.2021 for NM hearing at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Plaintiff present. Her advocate is absent.
Adv. Jayashree Rajemahadik for defendant present and tendered affidavit of advocate Rutvij Dave. Tor and marked at Exh. 34
Adjd to 09.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Lulla for plaintiff present and tendered affidavit in reply to NM No. 2832/18. Copy kept on record.
None for defendants.
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the defendant.
Adjd to 08.06.2021 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Plaintiff present and stated that advocate will not be able to come and sought adjournment.
Adv. jayashri Rajemahadik for defendant present.
The notice of motion No. 2382/18 is filed by plaintiff on 21.06.2018 seeking relief of appointment of valuer to file his report of valuation of immovable property pertaining to partnership firm and two immovable properties and appoint chartered accountant to furnish reports in respect of goodwill of partnership business and profit and loss account.
Plaintiff also sought permission to lead and record further evidence of plaintiff, valuer and Chartered accountant.
Reply is filed by defendant on 08.04.2021.
Parties to take note that suit is pending since 1994 they should not take adjournment for argument of NM pending since 2018. Incase the parties fail to argue NM on next date the NM will be fixed for passing orders without argument of the parties.
Adjd for NM argument/NM orders to 03/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Mr. Thakkar for plaintiff present.
Court is busy in dictation of four time bound suits of the year 1973 which are fixed for judgment on 04.09.2021. Hence adjourned.
Adv. For defendant present.
Adjd for NM hearing to 06/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Mr. R. J. Thakkar for plaintiff present.
Plaintiff present.
None for defendants.
Kb L. O at 3.13 pm
Adv. Mehul Thakkar For defendant present.
Heard arguments to NM No. 2382/18 of Adv. Mr. Thakkar for plaintiff and Mehul Thakkar for defendant.
Adjd for NM orders to 16/09/2021
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for both parties.
Court is busy in passing orders in NM 1717/21 in suit No. 1306/21. Hence adjourned.
Adjd for NM orders to 17/09/2021
Next Purpose: NM ORDERS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Nobody present when called at 3.50 pm
FRSR the following order is passed in NM No. 2382/18
ORDER
1. Notice of Motion is partly allowed.
2. Prayer \''B\'' of Notice of Motion is made absolute that to appoint a Chartered Accountant to prepare and furnish reports in respect of Goodwill of the said partnership business and firm and Profit and Loss Accounts of the partnership business on the basis of available accounts of the partnership business on the record of the above suit in order to file his report in respect of movables and assets of the partnership business and firm.
3. The Registrar to comply the order to appoint the Chartered Accountant.
4. Plaintiff and defendants to equally bear the fees of the Chartered Accountant.
5. Accordingly, Notice of Motion is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 17-09-2021
