Mrs. Snehal Prakash GavankarVsThe Times Guarantee Ltd

Date: 07-06-2019
Business: CA of plaintiff present
He requested for extension of time for service of summons.
O-Time Extended as prayed.
Matter is Adjd for Affidavit of Service to 29/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Matter called out(12.08pm)
Plaintiff and his advocate absent.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv.Mujib Khan for defendant present filed vakalatnama.T.O.R
Defendant seeking time to file C/S. Time granted.
Matter adj for taking steps on 04/09/19.
Later on
Plaintiff in person tendered affidavit of service.
Matter already adj to  04/09/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Matter called out(12.51pm)
CA for plaintiff present.
Adv.Mujib Khan for defendant present tendered draft C/S for con-donation of 10 days delay. Order- Leave is granted to register.
Heard both the side.
C/S No. Allowed in prayer clause (a) and (b).
Defendant to register the C/S No.
None- The original copy of C/S handed-over to the defendant.
Exh-6 Plaintiff filed summons for judgment alongwith documents as per list.  Copy serve to the other side.
Matter adj to 13/09/19 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Matter called out(12.43pm)
Plaintiff in person present.
Adv.Mujib Khan for defendant present.
Defendant tendered original C/S No.1632/19 with compliance.
The C/S is already disposed off.
Defendant tendered leave to file written statement.
Copy serve to the otherside.
Matter is adj for hearing on 02/11/19.
Next Purpose: HEARING
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Matter is called out at 1.21 pm
Plaintiff in person present, filed written notes of argument for leave to defendant. copy Supplied.
Adv.Mujib Khan for defendant present.
Matter is adj for hearing on leave to defendant to 09.12.2019.
Next Purpose: HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Matter is called out at 12.03 pm
Plaintiff in person present. Adv. of plaintiff absent.
Adv. Mujib Khan for Defendant present.
Court is busy in hearing final arguments in Suit No. 9284 of 2000, Suit No. 6822 of 1979, 6823 of 1979, 6824 of 1979 and Suit No. 6826 of 1979. Hence matter adjourned.
Matter is adj for Hearing to 02.01.20.
Next Purpose: HEARING
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Matter is called out at 12.01pm
Plaintiff in person present filed NOC.(Exh-7)
Defendant advocate present.
Plaintiff seeking time. Time granted.
Matter is adj to 28/02/2020 for hearing
Next Purpose: HEARING
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Matter is called out at 11.18am
CA of plaintiff present.
Adv.Mujib Khan for defendant present.
CA of plaintiff filed written notes of argument.T.O.R
Partly heard both the side.
Matter is adj to 14/03/2020 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Matter is called out at 12.09pm
Plaintiff and his advocate absent.
Adv.Mujib Khan for defendant present.
In view of office order dated 12/03/2020 the present matter is transfer to Court Room No.04.
Matter is adj to 05/05/2020 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-05-2020

Date: 27-05-2020
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: ARGUMENT P.H.
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-08-2020

Date: 10-08-2020
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: ARGUMENT P.H.
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: In view of the Standard Operating Procedure laid down by Honble 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.
Adjd to 05.11.2020 for Argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-11-2020

Date: 05-11-2020
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: ARGUMENT P.H.
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None for plaintiff.
Adv. Mujib Khan for defendant present.
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, the matter is adjourned owing to absence of the party.
Adjd to 25.01.2021 for argument ph.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Representative of plaintiff present and tendered additional written notes of arguments t.o.r. and marked as Exh.10.  Copy kept on record.  Copy served to other side.
Defendants present.
Adjd to 08.03.2021 for Argument (PH).
Later on 11.15 a.m.
Adv Mujib Khan for defendant present.
Already adjd on 08.03.2021 for Argument (PH)
Reason For Adjournment: court time is over
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None for plaintiff.
Adv. Mujib Khan for defendant present.
Heard arguments of Adv. for defendant.
Adjd to 15.03.2021 for order on SJ.
Next Purpose: ORDER
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for parties.
F.R.S.R. following order on Summons for Judgment -
Order -
1. Leave to defend granted. Consequently,
2. Summons for judgment disposed off.
3. Summons for judgment be registered for statistical purpose.
Adjd to 14.06.2021 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 24.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 1.7.2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: CA Mr. Prakash Gavankar of plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Mr.Prakash Gavankar, CA of plaintiff present.
None present for defendant.
Plaintiff wants to file application for amendment. Requested for two weeks time. Matter adjd to 17.08.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: CA Prakash Lavhankar of plaintiff present.
None present for defendant.
KB
LO at 01.18 pm
CA Prakash Lavhankar of plaintiff present.
Plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
Order-Draft notice of motion is presented. Leave granted to register.
Matter adjd to 09.09.2021 for service affidavit of notice of motion.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter pertains to CR No.32.
Plaintiff in person present.
Adv. Mujib Khan for defendant present he filed reply to plaintiffs NM.1788/21 t.o.r. He also filed draft NM alongwith affidavit of NM. NM be registered and made r/o 15.09.2021.
Matter is adjd.to 15.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: CA of plaintiff Mr.Prakash Gavankar present.
Adv.Mujib Khan for defendant present.
CA of plaintiff tendered registered NM No.1788/2021 a/w. affidavit.
Reply to which is already filed at Exh.11. Copy of same is already received by CA of plaintiff. Endorsement to that effect is made by CA of plaintiff.
The plaintiff also tendered service affidavit of NM, Exh.12 t.o.r.
Copy of draft notice of motion filed by the defendant on 09.09.2021 is received by CA of plaintiff today. Endorsement to that effect is made by CA of plaintiff.
Matter adjd to 29.09.2021 for NM No.1788/21 for hearing and NM dated 09.09.2021 for reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Mr.Prakash Gavankar, CA of plaintiff present.
Adv.Mujib Khan for defendant present.
The defendant tendered registered NM No.2065/21 a/w. affidavit t.o.r.
The CA of plaintiff Prakash Gavankar tendered reply to NM No.2065/21, Exh.13 t.o.r.
Matter adjd to 14.10.2021 for argument on NM No.2065/21 and NM No.1788/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.42 pm,
CA of plaintiff Mr.Prakash Gavankar present.
Adv.Mujib Khan for defendant present.
The plaintiff tendered written notes of argument, Exh.14 in NM No.1788/2021 t.o.r. Copy of same is furnished to the defendants. Endorsement to that effect is made.
Heard both the parties on NM No.1788/21 (amendment) and NM No.2065/21 (condonation of delay).
F.R.S.R. the following order is passed on NM No.2065/2021.
ORDER
1. Notice of Motion No.2065/2021 is allowed.
2. Defendants are allowed to file written statement.
3. Costs of this notice of motion is kept in cause.
The defendant tendered written statement a/w. its copy for plaintiff. Written statement is t.o.r. and marked as Exh.15.
Matter adjd to 29.10.2021 for order on NM No.1788/21.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Mr.Prakash Gavankar, CA of plaintiff present.
Adv.Mujib Khan for defendant present.
      The plaintiff today received copy of written statement and accordingly endorsed to that effect on the written statement.
KB for NM Order.
LO at 05.38 pm,
(As Court is busy in recording evidence in Com.SU No.250/19 and Com. SU No.251/19, hence, matter adjd.)
Matter adjd to 04.12.2021 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.51 pm,
Plaintiff\''s CA Mr.Prakash Gavankar present.
Representative of defendant Mr.Pramod Karmarkar present.
As Court time is over, matter adjd to 03.01.2022 for order in NM No.1788/2021
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None present for plaintiff.
Mr.Pramod Karmarkar, representative of defendant present.
KB for order.
LO at 3.30 p.m.
F.R.S.R. the following order is passed in NM No.1788/2021.
ORDER
1. Notice of Motion is allowed, subject to costs of Rs.3,000/-
(Rupees Three Thousand Only).
2.The plaintiff is allowed to carry out the proposed amendment.
3.The proposed amendment shall not relate back to the date of filing of this suit.
4.The point of limitation in respect of claim made in the proposed amendment is kept open for adjudication.
Matter adjd to 18.01.2022 for compliance of order of amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.02.2022 for additional written statement by deft.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present for plaintiff.
Adv.Mujib Khan for defendant present.
In view of SOP dated 06.01.2022, matter adjd to 11.03.2022 for filing additional written statement by deft.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plaintiff.
Adv.Mujib Khan for defendant present.
The defendant filed additional written statement a/w. statement of truth in view of amendment. It is t.o.r. and marked as Exh.16. Copy of same is kept on record for furnishing same to the plaintiff.
Matter adjd to 05.04.2022 for admission and denial of documents.
                                                                                              Judge
LO at 01.35 pm,
Adv.Prakash Gavankar, CA of plaintiff present. He received copy of Exh.16.
Matter adjd to 05.04.2022 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Mr.Prakash Gavankar, representative of plaintiff present.
Adv.Mujib Khan for defendant present.
The defendant wants to produce documents, adjd for filing documents by the defendant, admission and denial by both parties on 05.05.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None present for plaintiff.
Adv. Mujif Khan present for defendant.
Draft NM (O.7/R.11)alongwith affidavit in support tendered by advocate for the defendant. O- Leave granted to register draft NM.
Matter adjd to 23.06.2022 for tendering registered NM/ service affidavit in NM.
L.O. at 12.07 p.m.
Plaintiff\''s CA Mr. Prakash Gavankar in person present.
Matter adjd to 23.06.2022 for tendering registered NM/ service affidavit in NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: (Matter pertains to CR-32)
C.A. of plaintiff present in person and filed reply to NM no.1827/2022 t.o.r. with direction to serve the copy to other side on or before next date.
Adv. Shri. Mujib Khan for defendant present and tendered registered Notice of Motion No.1827/2022 alongwith affidavit-in-support.
Matter is adjd. to 27.07.2022 for service of NM reply and NM hearing.
Next Purpose: SERVICE
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None Present for Plff.
Adv. Mujib Khan Present for Deft.
Adj. For Service affidavit of NM 1827/22 and reply on 23/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: POA of plff is present.
Adv. Mujib Khan Present for Deft.
Ex.17 – POA has filed service affidavit of reply of NM.
Ex.18,19 - POA of Plff has filed reply to NM 1827/22 and additional reply. Copy of NM reply and additional reply served upon adv of deft.
Heard argument POA of plff and adv of deft on NM 1827/22.
Adj. For Order on NM 1827/22 on 06/09/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None Present for Plff.
Adv. Mujib Khan Present for Deft.
PO is busy in Order in SJ 60/20, SJ 05/21, SJ 10/21.
Adj. For Order on NM 1827/22 on 16/09/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: None present.
PO is busy in dictating order of NM 709/22 in Com Su. 1251/21 and CS 1752/21 in Com Su 1251/21.
Adj. For Order on NM 1827/21 on 26/09/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None present.
F.R.S.R. following order passed on NM 1827/22
1. Notice of Motion No.1827 of 2022 is allowed as under:
2. Plaintiff is directed to pay the deficit court fees / requisite stamp paper on the enhanced claim within 30 days from the date of this order.
Adj. For Compliance on 20/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: None Present for Plff.
Adv. Mujib Khan Present for Deft.
Adj. For Compliance of order dt.26/09/2022 on 29/11/2022.
LO 12.15.
Ex.20 - POA of plff Prkash Gavankar present. He filed true copy of the challan regarding the payment of the Court fees online.
Parties have not filed admission and denial within time under order XI of CPC.
Adj. For Case management hearing and draft issues on 29/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Plaintiff present.
None present for defendant.
Plaintiff filed draft issues at Exh.21.Copy be served to other side.
Case adjourned for draft issues by defendant to 7/1/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None Present for Plff.
Adv. Mujib Khan Present for Deft.
Adv of deft seeks time to file draft issues. Granted as a last chance.
Adj. For Draft issues on 30/01/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Representative of plaintiff present.
Adv Mujib Khan  for defendant present.
Exh.22 draft issues filed by defendant. Copy served to other side.
Exh.23 draft issues filed by representative of plaintiff.
Exh.24 and 25 plaintiff has filed application with list of documents for permission to produce documents.
Case adjd for say on exh.24    to 17.02.2023
Next Purpose: FILING SAY
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None present for plaintiff.
Adv. Mujim Khan for defendant present.
Exh.26 Advocate of defendant has filed say on Exh.24 without affirmation. Copy be served to other side.
Case adjourned for hearing on Exh.24 to 17/03/2023.
Next Purpose: HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Power of Attorney holder of plff present.
He seeks adjournment - Granted.
Adv. Mujeeb Khan for deft. present.
Case adjourned for hearing on Exh. 24 to 18.04.2023.
Next Purpose: HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: None present for plaintiff.
Adv. Mujib Khan for defendant present.
KB. LO at 12.45 p.m.
CA of plaintiff Shri. P. K. Gavankar present.
Adv. Mujib Khan for defendant present.
Exh.27 and 28 advocate of plaintiff has filed certificate under Section 65B. Copy supplied to other side.
Case adjourned for hearing on Exh.24 to 26/06/2023.
Next Purpose: HEARING
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: 26.06.2023
3
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 465/2021
None present for plaintiff.
KB
L.O. at 4.30 pm
CA Plaintiff present.
Adv. Mujib Khan for defendant present.
Ld.Adv. For defendant prayed for time to file fresh reply alongwith supporting affidavit against  Exh. 24.
Order- Time Granted as prayed for.
Adjd to 15/07/2023 for reply on Exh. 24.
								Judge
Next Purpose: REPLY
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff.
Adv Mujib Khan for defendant present.
Ld adv of defendant filed additional reply to Exh.24. Copy serve to other side.
Matter is adjd to 25.08.2023 for hearing on Exh.24.
Next Purpose: HEARING
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: None present for parties.
Matter is adj for hearing on Exh. 24 to 11/09/2023.
Next Purpose: HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: CA of plaintiff present and submitted that he is going to conduct the matter and make a submission on Exh. 24.
O-Plaintiff to show on the next date that he has made compliance of order dated 26.09.2022.
Adv. Mujib Khan for Defendant present.
Matter is adj for compliance by plaintiff/ hearing to 07/10/2023
Next Purpose: HEARING
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Plaintiff in person is present.
Adv. for plaintiff is absent.
Adv. Munjif Khan for def. is present.
Heard both the sides on Exh. 24.
Matter is adj for order on Exh. 24 to 20/10/2023.
Next Purpose: ORDER
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: None present.
L.O at 12.55 p.m.
C.A of the plaintiff is present.
ORDER PASSED BELOW  EXH. 24.
1.	This is an application filed by the Constituted Attorney of the plaintiff with a prayer to allow him to file on record list of documents and documents relied by the plaintiff in the suit.
2.	The learned advocate of the defendant has filed his reply without affidavit at Exh.26.Heard both the sides on 07/10/2023.
3.	That, as per the Bombay City Civil Court Act, 1948 and the rules framed thereunder, the plaintiff is supposed to take out notice of motion to obtain leave of the Court for filing additional documents on record. The present application for that purpose in its form is not maintainable hence, the plaintiff is hereby directed to take out proper notice of motion for that purpose. Consequently, application Exh.24 is hereby disposed off.
Matter is adj for steps to 01/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: None present.
Matter is adj. for steps to 03/02/2024.
Later on at 01.40 p.m.
C.A of plaintiff is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: C.A of plaintiff is present.
Adv. Mujib Khan  for def. is present.
ORDER - Perused the record.  It appears that still the parties have not filed their respective affidavits/statements of admission and denial. Therefore, both the parties are directed to take inspection of each other documents before next date and to file affidavit of admission and denial.
Matter is adj. for admission and denial to 13/03/2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: C. A. of the Plff Present.
Adv. Mujib Khan for Deft. Present.
Exh. 30- Affidavit of Admission and Denial on behalf of Plff.
Copy served to other side.
Matter is adj. for framing issues to 12.04.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None for plaintiff.
Adv. Mujib Khan for def. is present.
Later on at 12.00 p.m.
C.A. of plaintiff is present.
As Court is busy in hearing arguments and passing orders in other matters on today’s board hence, matter is adjourned.
Matter is adj. for framing of issues to 30/04/2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: None present.
Matter is adj. for framing issues to 05/07/2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
As court is busy in passing orders in other matters hence, adjourned.
Matter is adj. for Framing Issues to 07.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: None present.
Matter is adj. for draft issues to 19/09/2024.
Later on at 12.00 p.m.
Adv. Mujib Khan for defendant is present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Mr. P. K. Gavhankar, C.A. of plaintiff present.
Advocate Mujib Khan present for defendant.
Exh.31- Plaintiff filed application for recast of issues.
Defendant to file reply.
Adjourned for reply on 11.11.2024.
Next Purpose: REPLY
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: (Matter pertains to Court Room No.32.)
Mr. P. K. Gavankar, C.A. of plaintiff present.
None present for defendant.
Plaintiff submitted that, both sides have filed draft issues and hence, Court should frame the issues.
Perused plaint and written statement.
Accordingly issues are framed.
Exh.32- Issues and Case Management Hearing Order.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed -
1) Parties to submit list of witnesses by next date.
2) After submitting list of witnesses, Plaintiff, within next 15 days, shall file evidence-affidavits of all witnesses.
3) Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4) Thereafter, within next 15 days, defendant shall file evidence affidavit of his witnesses, if any.
5) Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
6) Thereafter, parties shall conclude their arguments within 30 days.
7) All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Matter is adjourned for evidence of plaintiff to 06/01/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: C.A of plaintiff is present.
Adv. Seegarala for plaintiff is present.
None present for defendant.
Later on at 01.05 p.m.
Adv. Seegarala for plaintiff is present.
Exh.33 - V. P. filed by ld. Adv of plaintiff. O-Read and Record.
Exh.34 - List of witness filed by ld. Adv of plaintiff. O-Read and Record.
Matter is adj. for filling evidence affidavit to 23.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: Plaintiff is present.
Advocate for plaintiff is absent.
Adv. Mujub Khan for def. is present.
Court is busy in arguments in the Commercial Suit No. 630/24 (High Court No. 3/94) having age of more than 30 years old hence board is discharged.
Matter is adj. for Recording Evidence to 19.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: C. A. of the plaintiff Mr. Prakash Gavankar is present and filed evidence affidavit. Marked as Exh. 35. O-Read and Record.
Oath is given to witness PW-1.
Adv. Mujib Khan present for defendant.
Oath is given to witness PW-1.
Following documents are exhibited.
Exh.36- Original Power of Attorney.
Exh.37- Document at sr. no. 2 - Contract.
Article ‘A’ – Xerox copy of Termination letter.
Exh.38 - Letter Dt. 27.04.1994.
Exh.39 – Letter Dt. 18.05.1994.
Article ‘B’- Letter Dt. 23.05.1994.
Exh.40 - Letter from plaintiff to defendant dt. 06/10.6 1994.
Exh.41 - Legal notice Dt. 22.11.1994.
Exh.42 - Letter/reply Dt. 24.11.1994.
Article ‘C’ - Photocopy of order passed by of Consumer Court Mumbai.
Article ‘D’- photocopy of order of Appellate Consumer Authority Dt.16.03.2011
Article ‘E’- Revision Petition No.2537/2011 and  1757/2012.  Certified true copy is placed on record marked at Exh.43. (It is alongwith compilation of Exh. 8 bunch).
Article ‘F’ -  Order of Honble Appex Court of SLP No.580/581 of 2016
Article ‘G’- Letter from defendant dt. 20.10.1997 to plaintiff. Being a photocopy. The original is tendered with compilation of Exh.8.  hence, it is marked as Exh. 44.
Article ‘H’-  E-mail letter dt.31.10.2014 and 30.10.2014. Net copies of both emails are tendered a/w compilation of Exhibit.8 hence, marked as Exh. 45/1 being  certificate u/sec. 65 B is tendered on 18.04.2023.
Article ‘I’ - Letter dt. 09.12.2014.
Article ‘J’- Photocopy of Revision Petition No. 2527/2011 dt. 07.10.2014. Office copy is tendered with compilation at Exh. 8 hence, it is marked as Exh.46.
Article ‘K’ -  BSE index copy.
Exh. 47 colly. - Details of divident of Aassam Brook Limited  a/w letter issued by Aasam Brook Limited share department Dt. 03.06.1998 a/w acknowledgment and postal receipt No. 3873 a/w Share transfer form.
Article ‘L’ – Phocopy of Summary Account.
Article ‘M’ - Photocopy of ratio of Honble High Court Tripura, at Agartala.
Compliant against Time Guarantee Financial original copy of Consumer complaint.
On request of plaintiff cross examination of witness PW-1 is deferred till next date.
Matter is adj. for R/E P.H to 01.04.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: Plaintiff in person is present.
Adv. Mujib Khan present for defendant.
Further cross examination of witness PW-1 is partly completed.
Matter is adj. for R/E P.H to 16.04.2025 (urgent case).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: Plaintiff in person is present. His advocate is absent.
Representative of defendant Mr. Pramod Gajanan Karmalkar is present.
Adv. Mujib Khan present for defendant.
Exh. 49- Application for settlement filed by ld. Adv of plaintiff.
Matter is adj. for R/E P.H. to 30.04.2025.(urgent Case)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Plaintiff is present. His advocate is absent.
Adv. Mujib Khan present for defendant.
Exh.50 - Reply filed by ld. Adv of defendant on Exh. 49. O- Read and Record.
As Court is busy in passing Judgment in Commercial Suit No. 665/2024, Com. Suit No. 1224/2021 and Ch/S No. 996/2025 hence, adjourned.
By consent matter is adj. for R/E P.H. to 14.07.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: Plaintiff in person is present.
Adv. Mujib Khan present for defendant.
Further cross examination witness PW-1 is completed.
Witness PW-1 informed that he is not examine any witness and intends to file evidence closing pursis on next date.
Ld. adv of defendant is directed to serve copy of evidence  of DW-1  shall be served well in advance to plaintiff through e-mail/hard copy.  So as to DW-1 shall cross examine by plaintiff.
Matter is adj. for R/E P.H. to 28.07.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: A.R. of plaintiff is present.
Adv. Muzib Khan  present for defendant.
Exh. 51- Evidence affidavit filed by ld. Adv of plaintiff.
Exh. 52 - List of documents filed by ld. Adv of defendant. O- Plaintiff to file admission and denial of documents.
Witness DW-1 is present. Oath is given to witness DW-1.
Matter is adj. for R/E P.H to 06.08.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: Plaintiff is absent.
Adv. S.M.Seegarla present for plaintiff and sought time for hearing on admissibility of documents and cross examination.
Defendant is present.
Adv. Mujib Khan present for defendant.
Matter is adj. for R/E P.H. to 13.08.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: Parties are absent.
Adv. S.M. Seegarla present for plaintiff.
Witness DW-1 is present.
Adv. Mujib Khan present for defendant.
As Court is busy in passing further dictation of Oral  Judgment in Com. Sum. Suit. No.560/2024 (High Court Com. Suit No.05/2008 having age of 18 yrs old).   Hence, rest of the board is discharged.
By consent matter is adj. for R/E P.H to 23.09.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: Plaintiff is present.
Deft. is present.
Adv. Mujib Khan present for defendant.
Order on admission on denial of documents of defendant.
               Heard both sides on admissibility of documents. plaintiff, POA of wife  Snehal Prakash Gavankar admitted in his own handwritten document at sr. nos. 1 to 8 at Exh. 52 filed by deft. Hence, these documents are marked as Exh. 53 to 60.
Exh. 53 -Power of Attorney in favour of Pramod G. Karmarkar.
Exh. 54 – Contract entered between T.G.L. and plaintiff.
Exh. 55 – Letter dt. 04.03.1994 of defendant company.
Exh. 56 – Letter dt. 27.04.1994 of deft. company.
Exh. 57 – Letter dt. 18.05.1994 of plaintiff issued to deft.
Exh. 58 – Letter dt. 22.11.1994 of adv. M. Pathan to deft.
Exh. 59 – Letter dt. 24.11.1994 of  deft to adv. M. Pathan.
Exh. 60 – Letter dt. 13.11.2014 of Sharepro services India Ltd.
Exh. 61 - Article ‘B’ i.e. letter 23.05.1994 written by deft. to plaintiff.
Matter is adj. for R/E P.H to 04.10.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: Authorized representative of plaintiff is present.
Witness DW-1 is present.
Adv. Mujib Khan present for defendant informed that orally that he will not going to examine further witness on behalf of defendant and intends to file closure precipice.
Further cross examination of witness DW-1 is completed.
Exh.62 – Evidence Closure pursis filed by ld. Adv of defendant.
Matter is adj. for final arguments to 28.10.2025 (urgent case due to age of the plaintiff is 83 yrs.)
Next Purpose: ARGUMENTS
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: Authorized representative of plaintiff is present and tendered written synopsis of arguments.  TOR Marked as Exh.63 (O-Read and Record) and finished oral arguments.
Adv. Mujib Khan present for defendant and filed pursis a/w written notes of arguments and List of Judgment. O-Read and Record.  TOR. Marked as Exh. 64,65 and 66 respectively, and finished oral arguments.
Matter is adj. for rejoinder arguments by plaintiff to 30.10.2025 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: Authorized representative of plaintiff is present and filed rejoinder to the his written and oral arguments. TOR. Marked as Exh. 67.
Adv. Mujib Khan present for defendant.
Heard ld. Adv of defendant.  Simultaneously matter be referred to mediation.
Matter is adj. for further arguments and mediation report to 27.11.2025 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2025

Date: 27-11-2025
Business: C.A of plaintiff is present and informed that he went for mediation before Ld. Mediator Adv. Prashant H. Chande who sent failure report for the reasons none appeared on behalf of the defendants during mediation meeting even after waiting for an hour. TOR. Marked as Exh. 68.
C.A. of plaintiff filed speaking note after mediation. TOR. Marked as Exh. 69.
None present for defendant.
Later on at 03.45 p.m.
Adv. Mujib Khan present for defendant and application u/sec. 75 ar/w order 26 of CPC for appointing Court Commissioner filed TOR. Marked as Exh.70. O-Call reply of plaintiff.
Matter is adj. for reply on Exh.70 to 29.11.2025.
Next Purpose: REPLY
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: C.A. of plaintiff is present and filed reply to Exh.70 TOR. Marked as Exh.70/A. O-Read and Record.
C.A. of plaintiff filed oral arguments a/w list of case lawas pertains to Exh. 70.
Adv. Mujib Khan present for defendant.
Heard both sides on Exh. 70.
Matter is adj. for order on Exh. 70 to 05.12.2025.
Next Purpose: ORDER
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: C.A of plaintiff Mr. Prashant Gavankar is present.
Exh.70/B – Exhaustive reply to Exh. 70 filed by C.A. of plaintiff. TOR. O-Read and Record.
Representative of defendants company Mr. Karmalkar is present.
Adv. Mujib Khan present for defendant.
Exh. 71- Pursis a/w Copy of Demand Draft No. 054079 of HDFC Bank, Dt. 04.12.2025, amount of Rs. 1,95,000/-  filed by ld. Adv of defendant. O-Seen.
Matter is adj. to 12.12.2025 for hearing/order Exh. 70 in view of subsequently exhaust reply filed today.
Next Purpose: ORDER
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: C.A of  plaintiff is present.
Adv. Mujib Khan present for defendant and filed written submissions on Exh. 70 TOR. Marked as Exh. 70/C O-Read and Record.
Exh.72 - Pursis field by ld. Adv of defendant.
Reply to Exh 70 filed by C.A of plaintiff. TOR. Marked as Exh. 73. TOR.
Matter is adj. for order on Exh. 70  to 06.01.2026.
Next Purpose: ORDER
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Parties are absent.
None present for plaintiff.
Defendant Pramod Karmalkar is present.
KB.. Later on at 12.40 p.m.
C.A of plaintiff is present.
Defendant Pramod Karmalkar is present.
Adv. Mujib Khan present for defendant.
Order Below Exh. 70
Heard both sides on Exh. 70. Application for appointing Court Commissioner.  Vide order 26 of CPC.  This is a Commercial Suit. Both parties had already lead their evidence. Thereafter matter was kept for final arguments.  Both the parties had already filed their written notes of arguments on record. The defendant is seeking the appointment of court commissioner for tracing out who received the devident of shares of plaintiff. Both parties have already lead their evidence as per averment made in application. According to defendant plaintiff has received the shares vide letter at Exh.57.  It is a settle principle of law that court commissioner is can not be appointed for collection of evidence and that to of such a belated stage as parties had already submitted their written notes of arguments on record.  Hence,  I  do not find any merit in this application therefor, application is rejected. Parties are directed to make oral arguments on next date.
Matter is adj. for final arguments to 27.01.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: C.A.of plaintiff is present and filed written arguments TOR. Marked as Exh.74.
Adv. Mujib Khan present for defendant.
Heard ld. Adv of defendant.
Matter is adj. for arguments to 21.02.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: C.A. of plaintiff is present and and filed arguments and synopsis of arguments.  TOR. Marked as Exh. 75 and 76.
Defendant is present.
Adv. Mujib Khan present for defendant.
Matter is adj. for arguments to 20.03.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: Parties are absent.
None present for plaintiff.
Adv. Mujib Khan present for defendant.
Both parties are directed to sent soft copy of written arguments on mentioned email. - citycivilcourt32@gmail.com.
Matter is adj. for arguments to 15.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: C.A. of plaintiff is present.
Representative of defendant is present.
Adv. Mujib Khan present for defendant.
Plaintiff is directed to supply soft copy of Written arguments on email.
Both parties are directed to sent soft copy of written arguments on mentioned email. - citycivilcourt32@gmail.com.
Matter is adj. for arguments to 27.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: None present.
In-spite of directions soft copy of arguments  is not sent by plaintiff.
Matter is adj. for arguments to 19.06.2026.
later on at 03.00 p.m.
Defendant is present.
Adv. Mujub Khan present for defendant.
Later on at 03.10 p.m.
C.A. of plaintiff is present.
Matter is adj. for arguments to 19.06.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2026

Date: 19-06-2026
Business: None present for plaintiff.
Representative of defendant is present.
KB.. Later on at 12.45 p.m.
C.A of the plaintiff is present.
Representative of defendant is present.
Adv. Mujib Khan is present for defendant.
By consent matter is adj. for arguments to 30.06.2026 at 12.30 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: C.A of plaintiff is present.
Adv. Mujib Khan present for defendant.
Heard arguments of ld. Adv of defendant.
Matter is adj. for Judgement to 08.07.2026.
Next Purpose: JUDGMENT
Next Hearing Date: 08-07-2026

Date: 08-07-2026
Business: C.A of plaintiff is present.
None present for defendant.
Later on at 02.50 p.m.
Representative of defendant is present.
Adv. Mujib Khan is present for defendant.
Exh. 77 - Judgment.
Operative part of Judgment.
    1) Commercial Suit No.465 of 2021 is partly decreed with costs.
    2) The defendant is directed to pay to the plaintiff the amount of Rs.76,649.82/- (Rupees Seventy-Six Thousand Six Hundred Forty-Nine and Eighty-Two Paise only) alongwith interest at the rate of 18 percent p.a. from the date of termination of contract i.e. 04/03/1994 till its realization. 3) The amount of Rs.1,95,000/- (Rupees One Lakh Ninety-Five Thousand only) given to the plaintiff by pursis (Exh-71) is to be adjusted from the decretal amount.  4) Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-07-2026

CHAMBER SUMMONS/101632/2019
NOTICE OF MOTION/101827/2022
NOTICE OF MOTION/102065/2021
NOTICE OF MOTION/101788/2021

Registration Number: 100465/2021
Transfer Date: 13-08-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100465/2021
Transfer Date: 14-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100465/2021
Transfer Date: 20-05-2021
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 109026/2018
Filing Date: 05-07-2018
First Hearing Date: 07th June 2019
Decision Date: 08th July 2026
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE