Date: 29-11-2019
Business: Plaintiff present.
Exh.2 -Adv Sitaram Yadav for deft present and filed V/P. It is TOR.
Adjd to 11/12/2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: C.A. of plaintiff present.
Defendant No.2 is present.
Exh.3-Adv. of defendant No.2 filed written statement on behalf of Defendant No.2.t.o.r.
Matter adjd to 07.01.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. for plaintiff present when called at 11.00 am.
Plaintiff to take steps to serve defendant No. 1.
Adv. for plaintiff stated that earlier advocate on record expired therefore he is filing vakalatnama on behalf of plaintiff. t.o.r.
Adjd for taking steps to 04/02/2020.
later on
Defendant No. 2 present at 11.30 am
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Nobody present when called at 11am.
Kb
Later on
Exh- 4 Adv. Sunil Yadav filed vakalatnama on behalf of plaintiff. t.o.r .
Adv. Praveen Rai for defendant No. 2 is present.
Exh- 5 Adv. for plaintiff filed an application for issuance of fresh writ of summons upon defendant No. 1. O- Issue witness summons to defendant No. 1
Adjd for taking steps to 23/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lok Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff .
None for defendant no. 2.
Matter is adjd.to 09-02-2021 for taking steps against
deft. no.1.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None for plaintiff.
None for defendant no. 2.
Matter is adjd.to02-03-2021 for steps against def. no1
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Karan Solanki for plaintiff present.
None for defendant.
Exh.6- Application submitted for fresh summons- Granted.
Matter is adjd.to 20.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Sunil Yadav for plaintiff present.
None for defendant no. 2.
The plaintiff is directed to file service affidavit regarding defendant no. 1 in compliance order below Exh. 6.
Matter is adjd.to 27-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Sunil Yadav for plaintiff present and filed affidavit of service with two acknowledgment and original writ of summons t.o.r. and marked as Exh.7.
None for defendant no. 2
On perusal of record, it appears that defendant no. 1 is duly served with writ of summons as per service affidavit Exh. 7 but, he failed to appear. Hence, suit to proceed ex parte against defendant no. 1.
Matter is adjd.to 28-10-2021 for filing affidavit of
admission/denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Both parties and their advocates are absent when matter called out.
Matter is adjd.to 29-11-2021 for filing afidvt of
admission/denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Karan Solanki for plaintiff present.
Matter is adjd.to 18-01-2022 for affidavit of
admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 23-02-2022 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Sunil Yadav for plaintiff present.
None for defendant
Matter is adjd.to 23-03-2022 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Sunil Yadav for plaintiff present.
None for defendant
Matter is adjd.to 16-04-2022 for filing statement of truth
and admission/denial by both sides
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Sunil Yadav for plaintiff present.
None for defendant.
Matter is adjd.to 29-04-2022 for filing statement of truth
and admission and denial by both sides/issues.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Constituted attorney of the plaintiff namely Ashok Kabara present inperson and filed statement of truth t.o.r. and marked as Exh.8 .
He also filed statement of admission and denial t.o.r. and marked as Exh.9
None for defendant
Constituted attorney of the plaintiff namely Ashok Kabara placed on record copies of Exh.8 and 9 for defendant no. 2.
Matter is adjd.to 24-06-2022 for filing statement of
truth and admission/denial by deft no. 2 as a last
chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None present when called.
Adjd for admission denial to 14/07/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: P. O is on training as per office order no. 179 of 2022 hence adjourned.
Adjd for admission denial to 26/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Shraddha Singh h/f Adv. Sunil Yadav for plaintiff present.
None for defendant no.2 when called.
Inspite of giving sufficient opportunity from last six dates, defendant no.2. has not filed admission denial till date. Hence suit to proceed without admission denial of defendant No.2.
Adjd for framing issues to 09/12/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Ravi Singh for plaintiff present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for framing issues to 07/01/2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: None present.
Issues framed.
Adjd for case management hearing to 16/02/2023
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None present.
Hence case is adjourned for Case Management Hearing.
Case is adjourned to 25.04.2023 for Case Management Hearing.
LO
Adv. Shraddha Singh h/f Sunil Yadav for plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None present.
Case is adjourned for case management hearing to 15-06-2023.
L.O. at 12.00 pm
Adv. Javed Rathod h/f Sunil Yadav for plaintiff is present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Shri. Dinesh B. Somani Vs M/s. Multiwal Duplex Pvt. Ltd
Adv. Sharddha Singh present for plaintiff.
Exh.11- Case Management Hearing.
Case Management Hearing
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, parties, within next 30 days, to file evidence-affidavits of all witnesses.
3)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
5)
Thereafter, parties shall conclude their arguments within two weeks.
6)
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 adjourned to 09.11.2023 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Dinesh Somani V/s Multiwal Duplex
Adv. Sunil Yadav present for plaintiff.
Exh.12 - Adjournment application filed by plaintiff.
Defendant side called, but absent.
Order - Adjournment is allowed.
Case adjourned to 29.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Dinesh Somani V/s Multiwal Duplex
Adv. Shraddha Singh present for plaintiff.
Plaintiff witness Ashok Kabra present.
Exh.13 - Evidence affidavit of plaintiff.
Exh.14. - List of document filed by plaintiff.
Exh.15 - Application filed by plaintiff for seeking time to lead secondary evidence.
Order- call say of other side.
Case adjourned to 04.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Dinesh Somani V/s Multiwal Duplex
Adv. Sharddha Singh present for plaintiff.
Plaintiff witness absent.
Defendant side called, but absent.
Plaintiff to lead evidence by next date.
Suit adjourned to 03.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Dinesh Somani Vs Multiwal Duplex
Plaintiff side called, but absent.
Plaintiff to lead evidence by next date.
Adjourned to 05.07.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Shri. Dinesh B. Somani Vs M/s. Multiwal Duplex Pvt.
Adv. Sunil Yadav present for plaintiff.
Plaintiff witness Ashok Kabra present.
Exh.8 - Application to lead secondary evidence.
Through application at Exh.8, plaintiff has prayed for permission to lead secondary evidence regarding tax invoice and transport receipt.
Said application is Dt. 29.01.2024. Till date, defendant has not filed its reply. Hence, the application is put for arguments and orders.
Heard Adv. Sunil Yadav for plaintiff.
He orally submitted that original documents are in custody of the defendant.
In application at Exh.15, plaintiff has not given any reason as to why he is seeking permission to lead secondary evidence. Hence, said application cannot be considered.
Plaintiff to take steps.
Suit adjourned to 20.09.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Shri. Dinesh B. Somani Vs M/s. Multiwal Duplex Pvt.
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff witness absent.
Parties to take appropriate steps regarding evidence.
Suit adjourned to 11.11.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: Adv. Sunil Yadav present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjournment.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 15.01.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: Shri. Dinesh B. Somani Vs M/s. Multiwal Duplex Pvt. Ltd.
Adv. Sunil Yadav present for plaintiff.
Plaintiff is seeking oral adjournment to lead evidence.
Parties to take appropriate steps.
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 20.02.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: None present for plaintiff.
KB Later on at 1.30 pm
Adv. Ravi Singh for plaintiff present.
The Ld for the plaintiff made a statement that the plff is hospitalized because of illness and therefore, unable to attend the court to lead his evidence.
Statement is accepted.
Matter stands Adj for evidence as a last chance on 01-03-2025.
Plaintiff to file documents showing his hospitalisation on next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Adv. Sunil Yadav for plaintiff present.
Adv for the plaintiff requested to time for filing additinal evidence/documents on next date.
As this court having the charge of Court Room No.87,88 and 14.
Matter stands Adj for recording evidence on 18-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Adv. Sunil Yadav for plaintiff present.
C.A of Plaintiff Ashok S. Kabra is present.
O. Oath administered.
Exh.16 Certificate u/s 65-B of Indian Evidence Act.
Further examination in chief is recorded.
Exh.17 Verified copy of General Power of Attorney executed by plaintiff Dinesh B. Somani in favour of Ashok S. Kabra of date 19.03.2013.
Exh.18
:
Tax invoice No.001851 dated 28/11/2014
Exh.19
:
Tax invoice No.002295 dated 31/01/2015
Exh.20
:
Tax invoice No.002297 dated 31/01/2015
Exh.21
:
Tax invoice No.002296 dated 31/01/2015
Exh.22
:
Tax invoice No.002467 dated 20/02/2015
Exh.23
:
Cheque No.100032 dated 18-01-2018 of deft No.2
Exh.24
:
Cheque return memo of defendant No.2
Exh.25
:
Cheque No.100034 dated 18-01-2018 of deft No.2
Exh.26
:
Cheque return memo of defendant No.2
Exh.27
:
Cheque No.100033 dated 18-01-2018 of deft No.2
Exh.28
:
Cheque return memo of defendant No.2
Exh.29
:
Office copy of letter dated 06.02.2018
Exh.30
:
Reply dated 17-02-2018
Exh.31
:
Reply dated 07-03-2018
Matter stands Adj for further evidence on 15-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: None present for plaintiff.
In the interest of the justice, as and by way of last chance, Matter stands Adj to 10-06-2025 for plaintiff's further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: Court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: Adv. Sunil Yadav for plaintiff present.
Adv for the plaintiff submit that doesn’t want to examine more witness and he has already filed on record evidence closing pursis. It appears that pursis was not taken on record.
Exh.32 Evidence closing pursis dated 18.03.2025 is taken on record today.
Matter stands Adj to 30-07-2025 for evidence of the defendants.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Adv. Sunil Yadav for plaintiff present.
None present for defendant.
Today, suit is posted for evidence of defendant. Defendant neither filed evidence affidavit nor even bothered to apply for an adjournment. Hence, right of defendant to offer evidence stand forfeited. Put up case for final argument.
Matter stands Adj to 18-09-2025 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: None present for plaintiff.
None present for defendant.
Right of defendant to offer evidence is forfeited on previous date. Today, matter is posted for final argument. None appeared for plaintiff and not even bothered to apply for an adjournment. Hence, put up suit for dismissal.
Matter stands Adj to 30-09-2025 for dismissal.
Later on at 11.15 am
Adv. Sunil Yadav for plaintiff present.
None present for defendant.
Argument of plaintiff heard.
Right of defendant to argue the matter stand forfeited.
Exh.33 Judgment.
FRSR following order is passed
ORDER
1. Commercial Suit No. 143/2019 is decreed with cost.
2. Plaintiff is entitled to get Rs.4,50,000/- (Rs. Four Lakhs Fifty Thousand only) from defendants.
3. Defendants, within three months from date of this Judgment, shall jointly and severally pay, Rs.4,50,000/- (Rs. Four Lakhs Fifty Thousand only) to the plaintiff.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Shirestedar and AS to consign Record of the suit, to Record Room.
Nature Of Disposal: JUDGMENT
Disposal Date: 18-09-2025