Date: 27-01-2020
Business: Advocate Bhavika Shinde for plaintiff is present.
O- Application allowed. Time is extended till next date.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed application for extension of time to issue writ of summons. O-Time is extended till
Adjourned for writ of summons to 15.02.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Advocate Bhavika Shinde for plaintiff is present and filed affidavit of service at Exh. 06. Service is completed dated 04.02.2020.
Defendant is present and requested short adjournment given to him for engaging advocate and filing his written statement. Request is allowed.
Copy of plaint served on the defendant.
Adjourned for filling V/P and W.S. to 19.03.2020.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Adjourned for WS to 8.4.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
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 filing written statement to 3/11/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Both the parties and their advocate are absent when called out.
Subject to limitation.
Adjourned for filing ws on 11.01.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 16-02-2021 for WS.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: None for plaintiff and defendant.
In view of roznama dtd. 06.03.2020, deft was present.
Deft to note, in default to file W.S. on next date, suit will proceed no W.S.
Matter is adjd.to 23.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mrs. Sonali Punekar for plaintiff present.
None for defendant.
In view of roznama dtd. 06.03.2020, deft was present before the court. However, he failed to file W.S. Hence, suit to proceed without W.S.
Matter is adjd.to 05.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 19.03.2021 for R/E (No W.S.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None for plaintiff.
Adv. Hardik Desai for defendant.
Exh.6 Undertaking submitted by Adv. Hardik Desai for Defendant to submitted VP on next date.
Matter is adjd.to 07.04.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Ms. Bhakti Sutar for plaintiff.
Adv. Mr. Hardik Desai for defendant.
Exh.7 – V/P of Adv. Hardik Desai for deft.
Adv. Mr. Desai submitted draft n/m @ affidavit and copy of W.S. Leave granted for registration. (Copy served.)
Matter is adjd.to 19.04.2021 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Both parties are absent.
Matter is adjd.to 12.07.2021 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for NM replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None for plaintiff.
Adv. Hardik Desai for defendant present.
The defendant had filed draft NM with supporting affidavit, he has not collected it for registration. On oral request, time is extended to register NM.
The defendant is directed to file register NM on record on the next date of hearing.
Matter is adjd.to 24-09-2021 for filing register NM.
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None for plaintiff.
Adv. Yashvi Panchal for defendant present and filed original registered NM No. with supporting affidavit t.o.r.
Matter is adjd.to 17-12-2021 for NM Reply. (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None for plaintiff.
Adv. Hardik Desai for defendant present.
Kb (2.45pm) Reply
Adv. Sonali Punekar for plaintiff present and prayed for
adjournment – short date be given.
Matter is adjd.to 21-01-2022 for NM Reply (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Ms. Sonali Kunekar i/b Vikas Mahangare for plaintiff present and prayed for adjournment short date be given.
None for defendant.
Matter is adjd.to 18-02-2022 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Sonali Kunekar i/b Vikas Mahangare for plaintiff present and prayed for adjournment for filing reply – short date be given.
Adv. Hardik Desai for defendant present.
Matter is adjd.to 14-03-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Bhakti Sutar for plaintiff present and she has given say at the backside of Notice of Motion.
Adv. Hardik Desai for defendant present.
Heard both sides
F.R.S.R. following order is passed in NM No. 1918 /21-
ORDER
1) Notice of Motion No. 1918/2021 is made absolute in terms of prayer clause (a) and (b).
2) Written statement filed by the defendant is marked as Exh. 8 .
3) The proceeding of N/m No. 1918/21 is closed.
Matter is adjd.to 16-04-2022 for filing statement of truth by both sides and admission/denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Bhakti A. Sutar a/w Jitendra Chinchambekar for plaintiff present.
None for defendant
Matter is adjd.to 10-06-2022 for filing statement of truth
by both sides and admission and denial by
defendant/issues.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Hardik Desai for defendant present and seeks time for admission denial.
None for plaintiff when called.
Adjd for admission denial to 13/07/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Hardik Desai for defendant present. None for plaintiff when called.
Exh-9 Statement of truth filed by adv. Desai for defendant.
Adv. for defendant filed his handwritten admission and denial on plaint itself.
Defendant not filed any document on record therefore question of filing admission denial by plaintiff does not arise. Hence keep for framing issues.
Adjd for framing issues to 14/09/2022
L. O
Adv. Bhakti Sutar for plaintiff present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None for plff.
Adv. Hardik Desai for deft. Present.
As Court busy in Judgment Comm Suit 162/2022,
Adjd. to 05.11.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. bhavika Shinde for plaintiff present.
Issues framed.
Adjd for case management hearing to 21/11/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Hardik Desai for plaintiff present. None for defendant
Adjd for case management hearing to 23/12/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Hardik Desai for defendant present.
None for plaintiff.
Adjd for case management hearing to 03/02/2023
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Hardik Desai for defendant is present.
Adv. Sonali Kunekar i/b Adv. Vikas Mahangare for plaintiff is present.
Heard both sides on case management.
Case management order at Exh.11
ORDER
1. Filing list of witnesses - on or before 27/02/2023
2. Examination-in-chief of plaintiff with original documents - on or before 06/03/2022.
3. Marking of documents - on or before 13/03/2023.
4. Cross examination of plaintiff - on or before 20/03/2023.
5. Evidence of witness of plaintiff – on or before 29/03/2023.
6. Evidence of defendant - on or before 05/04/2023.
7. Cross examination of defendant – on or before 12/04/2023
8. Evidence of witness of defendant – on or before 19/04/2023
9. Written argument of both sides – on or before 28/04/2023
10. Oral argument – on or before 03/05/2023
Case is adjourned for list of witness to 27-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: None for plaintiff.
Adv. Hardik Desai for defendant is present.
Exh.11 - Ld adv for defendant filed list of witnesses t.o.r. O- Seen. Plaintiff to note.
Case is adjourned for filing list of witnesses of defendant to 06-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Bhavika Shinde h/f Adv. Vikas Mahanagare for plaintiff present.
None for defendant.
Exh. 12 - Adv. for plaintiff filed list of witness. O seen
Defendant to take note.
Case is adjourned on 13.03.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: None for plaintiff.
Adv. Hardik Desai for defendant is present.
Plaintiff is directed to lead evidence otherwise further order will be passed.
Case is adjourned for plaintiff evidence to 20-03-2023.
L.O.
Adv. Bhavika Shinde h/f Adv. Vikas Mahangane for plaintiff is present and sought time for filing evidence. Granted.
Case is adjourned for plaintiff evidence to 20-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: None present.
Plaintiff directed to file evidence.
Case is adjourned to 29.04.2023 for exparte evidence.
LO
Adv. Bhavika Shinde for plaintiff present.
Adv. Priyank G. Chudasama h/f Adv. Hardki Desai for defendant present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Bhavika Shinde for plaintiff present.
Kb L.O. at 11.43 am
Adv. S.V. Panchal for defendant is present.
KB L.O. at 3.47 pm
Adv. Sonali Kunekar for plaintiff is present.
Witness is present.
Exh.13 - Affidavit of examination in chief of plaintiff authorized signatory namely Rajendra Mhatre is filed O- Plaintiff authorized signatory namely Rajendra Mhatre is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.14 - List of documents O- Filed.
Copy of Exh.13 and 14 be served to the other side.
Case is adjourned for marking document to 03-05-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: None present.
k/b L.o. at 11.41 am
None for plaintiff.
Adv P.G. Chudasaman for defendant is present and he submitted that the copy of examination chief not served to the defendant. Hence, plaintiff is directed to serve the copy of examination chief to the defendant.
Case is adjourned for R/E to 23-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: M/s. Alchemie Financial Services Ltd. Vs Manilalbhai Channabhai Rambhiya
Plaintiff side called, but absent.
Adv. Shri Priyank G Chudasama h/f Adv.Hardik Desai present for defendant.
Plaintiff to take steps regarding evidence
Adjourned to 06.09.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: M/s. Alchemie Financial Services Vs Manilalbhai Rambhiya
All called, but absent.
Parties to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 20.11.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: M/s Alchemie Financial V/s Manilalbhai Rambhiya
Plaintiff side called, but absent.
Adv. Hardik Dessai present for defendant.
Exh.15 - Pursis filed by defendant stating that, both plaintiff and defendant had settled the dispute and accordingly, defendant has paid Rs. 53,41,250/- on 06.05.2023 to the plaintiff. Hence, the plaintiff be directed to withdraw the suit.
Perusal of roznama shows that, my Learned Predecessor vide Order Dt. 03.02.2023 had directed the plaintiff and the defendant to conclude the evidence by 19.04.2023. Thereafter, the plaintiff appeared only on 06.03.2023 and then on 29.04.2023, wherein the plaintiff filed affidavit of its witness but did not exhibited the document. Roznama Dt. 03.05.2023 further shows that, my Learned Predecessor directed the plaintiff to serve the copy of evidence affidavit on the defendant. Apart from these two dates of 06.03.2023 and 29.04.2023, the plaintiff is continuously absent.
Vide Order Dt. 19.07.2023 and 06.09.2023, the plaintiff was directed to take steps. Despite that, plaintiff failed to take steps.
Sufficient time and opportunities were available to the plaintiff for taking steps.
It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court and hence he is not taking any steps.
No reason is forthcoming for absence and inactivity of plaintiff. Considering all these factors and further considering Pursis at Exh. 15 filed today by the defendant, no purpose would be served by keeping the Suit pending for indefinite period. Hence, following order is passed.
Order
1. Commercial Suit No. 100262 / 2019, M/s Alchemie Financial V/s Manilalbhai Rambhiya, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 16.40 Hrs.in presence of Adv. Shri Hardik Desai.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-11-2023