Date: 07-09-2019
Business: Adv. Disha Vardhan for Plff present.
C.A. of Plff present.
Adv. Nehali Panchal I/b Naresh Shah Legal for Deft. present.
Service affidavit filed by plff.
V/p of Adv. Nahu Shah is filed for deft. It is t.o.r. and marked Exh.2.
Matter is adjd. for W.S. on 26.09.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. Ms. Disha Vardhan for plaintiff present.
Adv. Ms. Nehali Panchal I/b adv. Mr. Bhanushali for defendant present, prayed for adjd. r/o 30.09.2019.
Exh.1- Plaint
Exh.2- Vakalatnama
Exh.3- Address Memo
Exh.4- List of Document
Exh.5- Service of affidavit filed by plff.
Matter is adjd. for further order on 30.09.2019.
Next Purpose: ORDER
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: None for plaintiff present.
Adv. Ms. Nehali Panchal for defendant present.
Exh.6- Adjd application filed by deft. -Granted.
Summons is served to deft on 31.08.2019.
Matter is adjd. for W.S. on 14.10.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None for plff.
Adv. Ms. Panchal for Defendant present.
Exh. -7 W/s filed by deft.
Copy served on clerk of advocate for plff.
Mr. Laxman T. Lolam , representative of deft is present.
Matter is adjd.for filing draft issues on 04.11.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Ms. Disha Vardhan for Plaintiff present.
Adv. Ms. Nehali Panchal for Defendant present.
Draft issue filed by plff, copy served on deft.
Matter is adjd.for issue on 11.11.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: None for Plaintiff.
Adv. Nehali Panchal for defendant present and tendered draft issues.
On oral request of defendant, adjd.
Matter is adjd. for Issues 6/1/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Court is Vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: None present for plaintiff.
Advocate Nehali Panchal for defendant is present.
Adjourned for framing issues to 21.01.2020.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Advocate Ms. Darbat for plaintiff is present.
Advocate Ms. Nehali Panchal for defendant is present.
Issues are framed at Exh. ___.
Adjourned for evidence of plaintiff to 28.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Advocate for plaintiff is present and requested short adjournment. Request is allowed.
Advocate Nehali Panchal for defendant is present.
Adjourned for evidence of plaintiff to 06.02.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Advocate Ms. Sonal for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for evidence of plaintiff to 18.02.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Advocate for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for evidence of plaintiff to 04.03.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Advocate Nisha Wardhan for plaintiff is present and filed draft NM. Leave is granted to register.
None present for defendant.
Adjourned for NM reply to 23.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Matter adjd for NM to 16/10/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Mahesh Karale for plff present.
None for deft.
Deft has not filed regd NM.
On oral request of plff., matter adjd for filing reply on NM. Request is allowed.
Adjourned for tendering regd NM and filing reply on NM 03/11/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for filing registered NM and service on defendant to 07.12.2020.
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Advocate Sonal for plaintiff present and tendered registered NM no.1011/20.
Adjourned for NM reply on 11.01.2021.
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Preeti Gada for plaintiff present.
None for defendant.
Defendant is failed to file reply on NM No. 1011/20. Nm to proceed without reply.
Matter is adjd.to 05-02-2021 for Argument on NM.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Preeti Gada for plaintiff is present.
Adv. Nahush Shah for defendant is present.
Adv. Nahush Shah for defendant requested to set aside the order of no reply dtd. 22-01-2021. Defendant is ready to endorse reply on over leaf of NM No. 1011/20 and ready to argue. It would be appropriate to decide the matter on merit. Hence, No reply order dtd. 22-01-2021 is set a side. It is permitted to endorse the reply.
Heard arguments both side.
F.R.S.R the following order is passed on NM No.1011/20 -
1. NM No. 1011/20 is made absolute as per prayer clause (a).
2. Issue no. 2 be substituted as prayed.
3. following issues are added vide Exh. 8 as issue no. 3(a) and 3(b) i.e.
3(a). Whether defendant proves that no amount received in the account of defendant company by RTGS of Rs. 50,00,000/- dtd. 24-03-2015 as mentioned in the para no. 2 of the plaint
3(b) Whether defendant proves that as mentioned in para no. 5 and 14 of written statement, Mr. Deepak Ghosar had no authority to sign on the documents on behalf of defendant company.
4. NM No. 1011/20 is disposed off accordingly.
(Note - Issues are on record, parties may submit list of witness and schedule of hearing, r/o 02-03-2021.)
Matter is adjd.to 02-03-2021 for list of witness and
schedule of hearing..
Next Purpose: HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Ms. Sonal for plaintiff present.
Adv. Ms. Dhara for defendant present.
At the request of both side.
Matter is adjd.to 30.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Ms. Jinkal Veera for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 12.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 07.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 21-06-2021 for hearing on case
management.
Next Purpose: HEARING
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 03-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Sonal Darbar for plaintiff present and filed application for re-register of the suit as summary suit t.o.r. and marked as Exh.9
None for defendant.
Adjd to 12-08-2021 for Argument on Exh.9 .
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Nahush Shah for defendant present.
Copy of Exh. 9 is supplied to Adv. for defendant.
Matter is adjd.to02-09-2021for filing reply to Exh. 9
Next Purpose: REPLY
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Sonal Darbar for plaintiff present
Adv. Laxmi Shah for defendant present and filed reply affidavit to Exh. 9 t.o.r. and marked as Exh. 09A
Matter is adjd.to 06-09-2021 for hearing on Exh. 9
Next Purpose: HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Sonal Darbar for Plaintiff present.
Advocate Prashansa Agrawal for Defendant present.
Heard arguments of both sides.
F.R.S.R Order passed on Exh.9
- ORDER -
Application Exh.9 is rejected.
Matter is adjd.to 21-10-2021 for Case Management
Hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None for plaintiff.
Adv. Nahush Shah for defendant present.
Matter is adjd.to 29-11-2021 for case management hrg.
LO
Adv. Sonal Darbar for plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Sonal Darbar for plaintiff present
None for defendant
Matter is adjd.to 23-12-2021for affidavit of
admission/denial of documents by both sides.
LO
Adv. Prashansa Agrawal for defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Preeti Gada for plaintiff present.
None for defendant.
Matter is adjd.to 06-01-2022 for filing affidavit of
admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Rasesh Shah for plaintiff present and filed affidavit of admission and denial on behalf of the plaintiff and list of documents (without annexing the documents mentioned in the list) t.o.r. and marked as Exh.10colly.
Adv. Prasansa Agrawal for defendant present.
On perusal of Exh. 10, it appears that the plaintiff has taken stand in respect of the documents which he is relying upon. It was expected that the plaintiff should clear his stand in respect of the documents filed by the defendant in his statement of admission and denial of documents. For this reason, the plaintiff is again directed to file statement of admission and denial of documents regarding the documents filed by the defendant.
Matter is adjd.to 28-01-2022 for statement of admission
/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: None for plaintiff.
Adv. Yashi Shah for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 08-02-2022 for admission denial of
documents by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None for plaintiff present.
Adv. Ms. Prashansa Agarwal for defendant present and filed affidavit of admission and denial of documents, t.o.r. and marked as Exh.11.
She also placed copy of Exh.11 on record for the plaintiff.
Matter is adjd.to 07-03-2022 for statement of admission
and denial of documents by the plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Sonal Darbar for plaintiff present and prayed for adjournment - short date be given. She also received copy of Exh. 11.
Adv. Prashansa Agrawal for defendant present.
Matter is adjd.to28-03-2022 for admission denial by
plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Sonal Darbar for plaintiff present and filed affidavit of admission and denial t.o.r. and marked as Exh.12.
Adv. Prashansa Agrawal for defendant present and received copy of Exh.12.
Matter is adjd.to 25-04-2022 for case management
hearing.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Prashansa Agrawal for defendant present.
Matter is adjd.to 08-06-2022 for case management hrg
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Sonal Darbar for plaintiff present.
None for defendant. Defendant absent.
Adjd for hearing on admissibility of documents to 21/06/2022
L. O
Adv. Yashvi Shah for defendant present.
Next Purpose: HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Yashvi Shah for defendant present.
Adv. Sonal Darbar for plaintiff present.
Heard both sides on case management.
Exh- 13 case management order
Adjd for evidence to 26/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Jitendra Gupta for plaintiff present and seeks time to file evidence.
Adv. Harsha Sharma for defendant present.
Last chance granted to plaintiff to file evidence.
Adjd for evidence of plaintiff to 01/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Preeti Gada for plaintiff present.
Adv. Harsha Sharma for defendant present.
Exh- 14 Application for adjournment filed by adv. for plaintiff. O- Other side to say. Adv. for defendant filed handwritten reply on application itself.
Order below Exh.14
Heard both sides. As documents were filed in other court, it will take time to produce original documents in this case. Hence adjournment granted to plaintiff with direction to produce documents on next date.
Adjd for evidence to 05/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Smita Dubey for plaintiff present and requested for adjournment.
Adv. Harsha Sharma for defendant present and objected for granting adjournment.
Plaintiff is granted last chance to file evidence.
Adjd for evidence of plaintiff to 01/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Jitendra Gupta for plaintiff present.
Adv. Priyanka Chippa for defendant present.
Adv. for plaintiff sought time on ground that documents are filed before MM court and appln is submitted for return of document.
Adjd for evidence to 25/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Jitendra Gupta for plaintiff present.
Adv. Priyanka Chippa for defendant present.
Exh- 15 Application filed by plaintiff seeking time to file evidence. O- Other side to say.
Adv. for defendant fled say on application Exh.15 itself.
Order passed below Exh. 15
In view of say, adjournment granted.
Adjd for evidence to 22/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: None for plaintiff.
Adv. Harsha Sharma i/b Nahush Shah legal for defendant present.
Court busy in passing Judgment in Commercial Suit No.160/19 and Commercial Suit No.161/19. Hence adjourned.
Adjd to 12.01.2023 for recording evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Power of attorney for plaintiff is present.
Adv. Preeti Gada for plaintiff is present.
Adv Rashmi Shah h/f Nahush Shah for defendant is present.
Exh.16 – Affidavit of examination of chief of power of attorney holder plaintiff namely Jayesh Damji Soni recorded. O- Plaintiff P.O.A. holder namely Jayesh Soni is present before court. He admits contents of affidavit. Hence, it is R and R.
Exh.17 - List of document t.o.r. O-Filed.
Copy of affidavit and document be served to the deft.
Case is adjourned for marking the documents to 13-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Date: 27-02-2023
Business: None for plaintiff.
Adv. Priyanka Chippa h/f Nahush Shah for defendant is present.
Case is adjourned for marking document to 23-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Aisha Sharma for defendant present.
None for plaintiff.
Plaintiff is directed to remain present on next date, otherwise further order will be passed.
Case is adjourned for 24.04.2023 marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Priti Gada for plaintiff is present.
Adv Priyanka Chippa for defendant is present.
By consent, case is adjourned for R/E to 09-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Anil Vishanji DedhiaVs M/s. Klaus Waren Fixtures Pvt.Ltd.
Plaintiff side, called but absent.
Adv. Ruchi Dosh present for defendant.
Exh.18- Application for inspection.
Matter is pending for evidence of plaintiff.
Plaintiff side to take steps.
Matter adjourned to 21.07.2023 for evidence of plaintiff.
Later on at 12.14 Hrs.
Adv. Disha Vardhan present for plaintiff.
Matter adjourned to 24.07.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Intern Vanshika h/f Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni absent.
Adv. Priyanka Chhipa present for defendant.
Plaintiff to take step regarding evidence.
Matter adjourned to 03.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures
Adv. Jitendra Gupta present for plaintiff.
Plaintiff witness is absent.
Adv. Harsha Sharma present for defendant.
She sought oral adjournment for her say on documents relied upon plaintiff.
Perusal shows that, the parties have already filed admission and denial.
Hence, there is no such stage for filing say at the time of evidence. However, the defendant can raise its defenses during cross-examination of plaintiff and his witness.
Matter adjourned to 07.11.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt. Ltd.
Adv. Shri Jitendra Gupta present for plaintiff.
Adv. Ms. Priyanka Chipa present for defendant.
Plaintiff witness absent
Plaintiff to take steps regarding evidence
Case adjourned to 15.01.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Adv. Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni present.
Defendant side called, but absent.
Further examination in chief of Plaintiff Witness.
Exh.19
:
True copy of original Power of Attorney dated
15.03.2019.
Exh.20
:
True copy of Bank pass book.
Exh.21
:
Bank certificate dated 22.12.2022
Exh.22
:
Original Demand Promissory Note dated
24.03.2015
Exh.23
:
TDS Certificate under Form 16A by defendants
updated on 18.08.2015.
Exh.24
:
TDS Certificate under Form 16A by defendants
updated on 22.07.2015.
Exh.25
:
TDS Certificate under Form 16A by defendants
updated on 15.07.2016.
Exh.26
:
Original dishonored Cheque dated 16.01.2018.
Exh.27
:
Original Bank returned memo dated 18.01.2018.
Exh.28
:
Office copy of Original Demand Notice dated
30.01.2018.
Exh.29
:
Postal Receipts issued by Postal authority.
Exh.30
:
Postal Acknowledgment Card.
Exh.31
:
Postal Acknowledgment Card.
Exh.32
:
Postal Acknowledgment Card.
Exh.33
:
Postal Acknowledgment Card.
Exh.34
:
Postal Acknowledgment Card.
Exh.35
:
Certificate u/s 64B of Indian Evidence Act.
Exh.36
:
Non-starter report.
Further examination in chief is over :
Defendant side called, but absent.
Adjourned for cross-examination of Plaintiff witness.
Case adjourned to 14.02.2024 for evidence of plaintiff P.H.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Anil Dedhia V/s Klaus Waren Fixtures
Adv. Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni present for cross-examination.
Adv. Priyanka Chippa present for defendant.
She is seeking oral adjournment for cross-examination.
Objected by plaintiff.
Considering, stage of Suit and objection raised by the plaintiff, defendant ought to have preferred adjournment application. But, defendant is making oral submissions. Considering, all the facts, following order passed -
Order
1. Suit to proceed without cross-examination of plaintiff witness.
2. Plaintiff to take steps regarding further evidence, if any.
Suit adjourned to 28.02.2024 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Anil Dedhia V/s Klaus Waren
Adv. Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni present.
Adv. Yashvi Shah present for defendant.
Exh.37- Draft Notice of motion filed by defendant.
Exh.38- Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Suit adjourned to 28.03.2024 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Anil Dedhia V/s Klaus Waren Fixtures
Matter pertains to Court Room No.31
Adv. Vanshika Mahajan present for plaintiff.
Plaintiff representative Jayesh Soni present.
Adv. Yashvi Shah present for defendant.
Defendant filed registered Notice of Motion No.982 / 2024 along with affidavit.
Exh.39 - Reply filed by plaintiff to Notice of Motion No. 982 /2024
Suit adjourned to 16.04.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Vanshika Mahajan present for plaintiff.
Adv. Harsha Sharma present for defendant.
By consent matter adjourned to 13.06.2024.
P. O. on leave suit adjourned to 13.06.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Anil Dedhia V/s Klaus Waren
Adv. Preeti Gada present for plaintiff.
Adv. Harsha Shah present for defendant.
Heard both sides on Notice of Motion No.982 / 2024.
Perusal shows that, on 15.01.2024, plaintiff has examined his witness Jayesh Soni and suit was adjourned for cross-examination.
Roznama dt. 14.02.2024, shows that, on that date, defendant sought oral adjournment. It was objected by plaintiff.
Considering, the stage of the Suit, objection of plaintiff and the intensity with which the parties were contesting the Suit, it was necessary for defendant to have filed the adjournment application. Having not filed such adjournment application, the Court closed the cross-examination of plaintiff witness.
Hence, defendant preferred the present Notice of Motion. Same is objected by the plaintiff.
Considering, above facts, then for fair adjudication and to avoid multiplicity of litigation, it would be proper that, the defendant is granted the opportunity to conduct the cross-examination, but subject to Cost. In given facts and circumstances, Cost of Rs.1000/- would be proper and legal.
Parties to comply the order and shall keep the witness present by next date.
Suit adjourned to 10.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
P. O. is on leave.
Adv. Vanshika Mahajan present for plaintiff.
Adv. Harsha Sharma present for defendant
By consent of both parties matter adjourned.
Suit adjourned to 01.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni present.
Adv. Prashansa Agrawal present for defendant.
Suit is kept back for cross-examination.
L.O. at 13.20 Hrs.
Adv. Preeti Gada present for plaintiff.
Plaintiff witness Jayesh Soni present.
Adv. Prashansa Agrawal present for defendant.
Further examination in chief is over
Cross-examination of PW1 partly recorded.
On oral request of defendant, cross-examination is adjourned.
Suit adjourned to 06.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures
Plaintiff side called, but absent.
Plaintiff witness absent.
Adv. Harsha Sharma present for defendant.
Cross-examination of PW-1 Jayesh Soni recorded.
Exh.40-Form confronted to PW-1 by defendant.
Exh.41- Evidence closure pursis of plaintiff.
Suit adjourned to 30.08.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Adv. Harsha Sharma present for defendant
Perused roznama dt. 08.08.2024. On that date plaintiff has closed evidence by filing pursis at Exh.41. Hence, Suit ought to have been adjourned for evidence of defendant. However it got adjourned for arguments. It being a typographical mistake, is corrected today.
Hence, Suit be considered as pending for evidence of defendant.
Parties to note.
Exh.42- Evidence closure pursis by defendant.
Parties to file Written arguments by next date.
Suit adjourned to 24.09.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Adv. Harsha Sharma present for defendant.
Both sides are seeking oral adjournment to file Written arguments.
Suit is of 2019. Parties to expedite.
On oral submission of both counsels Suit adjourned to 11.10.2024.
Suit adjourned to 11.10.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
P. O. is on leave.
Adv. Preeti Gada present for plaintiff.
Adv. Nahush Shah present for defendant.
By consent of both counsels matter adjourned to 28.11.2024.
Suit adjourned to 28.11.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Adv. Harsha Sharma present for defendant.
Exh.43- Application filed by defendant for reopening of evidence.
Exh.44- Application for issuing summons to Authorized Officer of Registrars of company.
O- Other side to file reply.
Parties to complete pleadings and to supply documents to each other. Parties should argue the pending applications, by next date, without fail. Else, put for necessary Order.
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 21.12.2024 for reply / arguments.
Judge
Next Purpose: REPLY
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Adv. Prashansa Agrawal present for defendant.
Exh.45- Affidavit in reply to Exh.43 filed by plaintiff.
Heard both sides on application at Exh.43 and Exh.44.
Order below Exh. 43 and Exh. 44
Perused Record.
Heard Learned Counsels.
Through aforesaid applications, defendant wants to reopen oral and documentary evidence.
Applications are under strong objection by plaintiff.
Perusal shows that, on 08.08.2024, during cross-examination of PW1 Jayesh Soni, defendant confronted said witness with Form DIR-11 from Ministry of Corporate Affairs. Accordingly, said Form was taken on record as Exh. 40.
After cross-examination of said witness, plaintiff filed evidence closure pursis (Exh. 41, Dt. 08.08.2024).
Thereafter, immediately on next date i.e. 30.08.2024, defendant filed evidence closure pursis (Exh. 42), declining to lead oral and documentary evidence. Accordingly, Suit was adjourned for final arguments.
On 28.11.2024, plaintiff filed application at Exh. 43 for reopening of the evidence, on ground that, they want to file certified copy of Exh. 40.
Through Exh. 44, defendant prayed for issuance of summons to the authorized Officer of the Registrar of Companies, who are maintaining Form DIR-11 i.e. Ministry of Corporate Affairs.
Both applications are under strong objection by plaintiff.
If any party, for technical reasons, is deprived of raising its case, then it may result in improper adjudication. That may lead to complexity in the dispute and may also lead to multiplicity of litigation. If that happens, then it drags the parties into further litigation, causing serious prejudices to them. Hence, it is always in the interest of justice that, both contesting parties are provided sufficient opportunities to raise their contentions and to prove their case.
As defendant has confronted document at Exh. 40, then in that circumstances, defendant is permitted to lead documentary evidence regarding Exh. 40.
As far as application at Exh. 44 is concerned, as permission is granted to defendant to lead documentary evidence regarding Exh. 40 in nature of certified copy, then it is unnecessary to call public servant to prove said document. Therefore, Exh. 44 cannot be considered.
Considering above factors, following Order is passed -
ORDER
1. Exh. 43 is allowed and defendant is permitted to lead documentary evidence regarding Exh. 40.
2. Exh. 44 stands rejected.
3. Parties to act accordingly.
4. This order be uploaded in PDF format, forthwith, on the website of the Court.
Perused pleading of the parties.
Parties to argue regarding maintainability of the Suit in view of Sec. 2 ( 1) (c) of the Commercial Courts Act.
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 22.01.2025 for argument.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Matter pertains to Court Room No.31.
Adv. Ms. Vanshika Mahajan present for plaintiff.
Adv. Ms. Priyanka Chhipa present for defendant.
Suit adjourned to 29.01.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Anil Vishanji Dedhia Vs M/s. Klaus Waren Fixtures Pvt.
Adv. Preeti Gada present for plaintiff.
Adv. Prashansa Agarwal present for defendant.
Exh.46- Pursis filed by defendant regarding documentary evidence.
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 10.03.2025 for arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Priyanka Chippa for defendant present.
Exh.47 Written notes of argument filed by plaintiff.
KB at 2.45 pm for oral argument of the defendant.
Later on at 4.00 pm
Adv. Vanshika Mahajan for plaintiff present.
Adv. Prashansha Agarwal for defendant present.
Exh.48 Adjournment application filed by advocate for the plaintiff.
O. Other side to say.
Say given by the Ld advocate for the defendant on overleaf of application (Exh.48).
O. Considering the personal reason of the ld advocate for the plaintiff and in view of consent given by the defendant, application (Exh.48) stands allowed.
The Learned advocate for defendant invited attention of this Court Pursis Exh.46 filed by the defendant along with certified copy of form DIR 11 (total 7 pages) and submitted that inadvertently the certified copy of Form DIR 11 was not exhibited though pursis was mark as exhibit 46.
The Ld advocate appearing for the plaintiff in all her fairness submitted that the Form DIR 11 being a certified copy of a public document may be marked as Exhibit. Hence, by consent certified copy of Form DIR 11 is mark as Exh.49.
Exh.50 After adjourning the matter and giving date for final argument, the Ld advocate for the defendant tendered application under Order 7 Rule 11 of CPC, 1908.
O. Other side to say.
By consent matter stands adj for final argument and exh.50 will be decided along with application.
Plaintiff to file say, if any on Exh.50 by next date and serve copy thereof to the other side well before one week of the adjourned date
else, application Exh.50 shall be proceeded without say, of the plaintiff.
Matter stands adj to 18-03-2025.
Next Purpose: REPLY
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Prasansa Agarwal for defendant present through VC.
Adv. Priyanka Chippa for defendant present in court hall.
Exh.51 Adjournment application filed by advocate for the plaintiff.
O. Other side to say.
Say given by Ld advocate for defendant on overleaf of application.
O-Exh.51 stands allowed, by consent matter stands Adj for reply on 07-04-2025.
Next Purpose: REPLY
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Plaintiff
Adv. Prashansha Agarwal a/w Adv. Priyanka Chhipa for defendant present.
Exh.52 Reply to Exh.50 filed by the plaintiff.
O. Seen.
Matter stands Adj to 22-04-2025 for argument on Exh.50.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: Adv Vanshika Mahajan for plaintiff present.
Adv Priyanka Chhipa i/b Nahush Shah legal for defendants present.
As the Court is busy in dictating judgment in Commercial Summary Suit No. 315/2022 and 448/2022 hence, board is discharged and matter stands adjourned.
Matter stands Adj to 09-06-2025 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: As Court is vacant, board is discharged.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: Adv. Preeti Gada for plaintiff present through VC.
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendants present.
Adv for the plaintiff submit that she need to file few citations to support her written notes of argument. So time is granted to file citations on record.
Matter stands Adj to 10-07-2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
None present for defendant.
Kept back. Later on at 12.45 pm
Adv. Vanshika Mahajan for plaintiff present.
Adv. Prashansha Agarwal a/w Priyanka Chippa i/b Nahush Shah Legal for defendant present.
Today matter is posted for final argument. Advocate for the defendant submit that she moved an application Exh.50 under Order 7 Rule 10 of CPC and plaintiff filed reply on it and Exh.50 may be heard. In roznama dated 10.03.2025 it is already recorded that with consent argument on Exh.50 and final argument will be advance at same time. Instead of taking out NM defendant moved Exh.50 casually. Advocate for the defendant submit that she may be permitted to file appropriate registered application in lieu of Exh.50. Submission is accepted. Time is granted till next date to do the needful. If NM is not tender on next date final argument will be heard.
Matter stands Adj to 25-07-2025 for filing NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-07-2025
Date: 25-07-2025
Business: Adv. Preeti Gada for plaintiff present.
Adv. Prashansha Agarwal for defendant present through VC.
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendant present in court hall.
Adv for the defendant filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy of NM served on plaintiff.
Advocate for plaintiff submit that she has already filed detail reply to Exh.50. She also pointed out that Exh.50 was filed for the same relief as that of present Notice of Motion and present NM is moved when the matter is posted for final argument. Advocate for plaintiff further submit that present Notice of Motion may be decided along with suit. Notice of Motion is filed under Order 7 Rule 10 of the Code of Civil Procedure wherein an objection is raised that suit based on friendly loan is not maintainable as Commercial Suit. Such a point can also be argued during final argument. No prejudice will be caused to defendant if this notice of motion is heard along with main suit. Hence, both parties are directed to take note that objection raised in the notice of motion and notice of motion itself will be heard during final argument of the suit.
Matter stands Adj to 04-08-2025 for final argument along with argument on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. Preeti Gada for plaintiff present.
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendant present.
Advocate for defendant tendered the registered Notice of Motion No.4087/2025 along with affidavit in support. TOR
Copy already served on plaintiff.
Advocate for plaintiff submit that she has already filed reply Exh.52 to an application Exh.50 which was filed under Order 7 Rule 10 of the Code of Civil Procedure. She submit that her reply Exh.52 may be treated as reply of NM No.4087/2025. Submission is accepted. Reply filed by plaintiff Exh.52 will be treated as reply to NM No.4087/2025. Kept back for NM argument in second session.
Later on at 03.00 pm
Adv. Preeti Gada for plaintiff present
Adv. Prashansha Agarwal a/w Adv. Priyanka Chhipa for defendant present.
Exh.53 Compilation of Judgments filed by plaintiff.
Heard argument of defendant on Exh.50 and Notice of Motion and argument of plaintiff. Due to paucity of time matter stands adjourned for reply argument of defendant on law point only.
Matter stands Adj to 08-08-2025 for reply argument of defendant on Exh.50 and Notice of Motion on law point only.
Next Purpose: REPLY
Next Hearing Date: 08-08-2025
Date: 08-08-2025
Business: Adv. Preeti Gada for plaintiff present.
Adv. Prashansha Agarwal for defendant present through VC.
Adv. Priyanka Chhipa for defendant present in court hall.
When argument on Exh.50 and NM 4087/2025 were partly heard on previous date, today advocate for plaintiff moved draft notice of motion with a prayer to recall order passed below Exh.9 dated 06.09.2021. Leave is granted to register draft Notice of Motion.
Copy served on defendant.
Matter stands Adj to 12-09-2025 for tendering registered NM and reply.
Next Purpose: REPLY
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: Adv Vanshika Mahajan h/f Adv Preeti Gada for plaintiff present through VC.
Adv Priyanka Chhipa i/b Nahush Shah Legal for defendants present.
Plaintiff yet not tendered registered NM 4646/2025.
Hence, matter stands Adj for filing registered NM 4646/2025 by plaintiff on 27/11/2025.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: Adv. Vanshika Mahajan for plaintiff present
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendants present.
Advocate for plaintiff tendered the registered Notice of Motion No.4646/2025 along with affidavit in support. TOR
Exh.54 Reply to NM No.4646/2025 filed by defendants.
Copy is served on plaintiff.
Matter stands Adj to 23-01-2026 for argument on NM No.4646/2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Prashansha Agarwal for defendant present through VC.
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendant present in Court hall.
Matter stands Adj to 16-03-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: Adv. Preeti Gada for plaintiff present.
Adv. Prashansha Agarwal for defendant present through VC.
Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendant present.
Both parties are directed to file written notes of argument on NM 4646/2025.
Matter stands Adj to 18-04-2026 for filing written notes of argument on NM 4646/2025.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: Adv. Preeti Gada for plaintiff present.
None present for defendant.
Exh.55 Written notes of argument filed by plaintiff in respect of NM 4646/2025. Copy be served on other side.
Matter stands Adj to 10-06-2026 for filing written notes of argument by defendant on NM 4646/2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: None present for plaintiff.
None present for defendant.
Later on at 01.15 pm.
Adv. Prasansha Agarwal for defendant present through VC.
Matter stands Adj to 25-06-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: Adv. Vanshika Mahajan present for plaintiff.
Adv. Prashesha Agarwal present through V.C. a/w Kaustav Dev i/b Adv. Shah Legal present for defendant.
Matter is adj. for NM arguments to 14.08.2026.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: Adv. Vanshika Mahajan for plaintiff present through VC.
Adv. Prashansha Agarwal a/w Adv. Priyanka Chhipa i/b Nahush Shah Legal for defendants present.
Matter stands Adj to 01-10-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-10-2026