Date: 25-11-2019
Business: Plaintiff in person present.
Ld. Adv. Saurabh Oak contending to be representing the defendants is present.
Vakalatnama is not filed on record. However, he made a statement that he would file vakalatnama. So far as filing of written statement is concern, the plaintiff contended that this is not a regular suit but a summary suit and the defendants ought to have appeared before the court within 10 days from the date of service of summons. However, this court must note that in order dtd 04.03.2019 as passed by the then presiding officer of C.R.3 it has been clearly observed that this is a commercial suit.
The writ of summons issued to the defendants also shows that summons under order 37 was not issued but a summons for filing of written statement within 30 days was issued. Thus, the contention that present is summary suit is not acceptable . So far as filing of the written statement is concerned the defendants advocate contended that the written statement will be filed on next date and he prayed for adjournment. Summons has been served on the defendant admittedly on 23.10.2019. The period of 30 days is already over on 22.11.2019. It may be taken into consideration that 23.11.2019 a working day and not holiday. Thus the period of 30 days Is already over. Though today adjournment is prayed no reasons at all are stated as to why extension is to be granted. Hence the request is rejected.
The matter to proceed without written statement of the defendant.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Ex.5- Plaintiff filed Service affidavit. @ Original writ of summons.
Adjd 21.12.2019 for steps.
LO at 1.00pm.
Adv. Saurabh Oak filed Vakalatanama for all defendants. t.o.r. Subject to confirmation.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Court is on leave.
Matter adjd to 10/01/2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None for plaintiff.
Adv. Saurabh Oak for defendant filed draft NM @ Affidavit. Leave granted to register.
Adjd for service 16.01.2020
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: New Matter transferred to this Court.
Adv. Sahu for plff present.
Adv. Saurabh Oak for deft present.
Plaintiff is present.
Both the Adv. submitted that this matter is transferred to this court as per the order of the Hon\''ble Principle Judge.
Adv. for deft tendered registered NM 249/2020 alongwith affidavit. t.o.r.
The Ld Adv appearing for plff has submitted that he is going to file separate application on the point that Order 37 of CPC is applicable to this suit. Hence matter adjourned for filing application.
Matter adjd for filing application on 28/01/2020 at 11.00 am
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff in-person present.
Adv. Saurav Oak for defendant present.
Kb.
Later on at 12.15 pm.
Plaintiff in-person filed Draft NM alongwith affidavit. TOR.
Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Copy of the NM alongwith affidavit is served to otherside in the court today.
If possible, defendant to serve copy of reply in advance to the plaintiff.
Matter adjd for tendering original registered NM alongwith affidavit and NM Reply on 07/02/2020 at 11.00 am
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: H.H.J. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Plaintiff present.
None for defendant.
Plaintiff tendered original registered notice of motion no.432 of 2020 along with affidavit t.o.r.
KB. L.O. at 12.40 pm
Adv Narayan Sahu I/b Adv S.K. Dubey for plaintiff present.
Heard the Ld adv for plff in NM No. 432/2020. He relied upon statement of object and reason of the Commercial Court Act, thereafter sec. 16, 18 and order 13(A) of CPC. Specifically sub rule 3 of rule 1 of order 13(A) of CPC. Hence matter be adjourned for hearing on NM of defendant.
Matter adjd for NM hearing of defendant to 05-03-2020 at 11.00 am.
L.O. at 1.35 pm
Adv Saurabh Oak for defendant present.
Ld adv for defendant filed reply to the NM No. 432/2020 t.o.r. O- R and R.
The Ld Adv for defendant submits that he will serve copy of the reply to the plaintiff advocate. Hence matter adjourned for NM hearing.
Matter adjd for NM hearing to 05-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Plaintiff in person present.
Adv. Saurabh Oak for defendant present.
Heard both sides in view of reply filed to the NM no.432/2020.
Matter adjd for NM order in 432/2020 to 21-03-2020 at 11.00 am.
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for NM Orders to 18.04.2020.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Business: National Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: None present.
Matter is adjd to 16/09/2020 for argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for NM hearing to 9/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: Both the parties and their advocates absent.
Today the matter was fixed for order on NM No. 432/2020.
This case has been transferred from CR No.20, therefore it require re-arguement on NM No. 432/2020.
The plaintiff have not filed reply on defendants NM No. 249/20.
Adjourned for reply by plaintiff on NM No. 249/20 and hearing on plaintiff NM No. 432/20 to 17.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for reply on NM No. 249/20 by plaintiff and hearing on NM No. 432/20 to 12.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 26.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Advocate Mr. Shukla for plaintiff is present.
None present for defendant.
Adjourned for NM hearing to 18.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Shraddha Khandhadia plaintiff (in person)present, prayed for short adjournment to take proper steps.
None for defendant.
Matter is adjd.to 29-01-2021 for NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Narayan Sahu I/b Adv. S.K. Dubey for plaintiff , submits that plaintiff will withdraw transfer petition pending before the Hon\''ble P.J.. It is prayed for adjournment as issue in respect of the category Commercial Summary Suit is pending before the Hon\''ble High Court (WP No. 125/21).
Adv. Saurabh Oak for defendant is present.
Matter is adjd.to 11-03-2021 for NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Plff in person present.
Adv. for plaintiff absent.
Adv. Dhanshree Bhate for defendant present.
Matter is adjd.to 26.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 23.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 10.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
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 17.08.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Plaintiff inperson present.
None for defendant
Matter is adjd.to 17-09-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Plaintiff present.
Adv. Ketan Dhavle for defendant present.
Heard both sides in NM No. 432/20
F.R.S.R. following order is passed in NM No. 432/20-
ORDER
1. Notice of Motion No. 432/2020 is made absolute in terms of prayer clause (a).
2. The Suit be proceeded under Order XXXVII of the CPC.
3. Both sides are directed to take note of this order and follow the course under order XXXVII of the CPC.
4. NM No 431/2020 is disposed off accordingly.
Matter is adjd.to 04-10-2021 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Narayan Sahu for plaintiff present and tendered summons for judgment with supporting affidavit t.o.r. and Leave is granted to register the summons for judgment
None for defendant
Matter is adjd.to 08-11-2021 for filing registered S/J
LO
Shraddha Khandhadia submitted that her suit may be
registered as a Commercial Summary Suit as per order passed
on 17-09-2021 and letter of Hon’ble High Court dtd.
06.09.2021.
Considering, prayer of Kamal Khandhadia and letter of Hon’ble
High Court dtd. 06-09-2021 the suit be re-registered as a
Commercial Summary Suit.
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None for plaintiff.
Adv. Saurabh Oak for all defendants present and submitted that summons for Judgment is served upon the defendants on 05-10-2021.
He filed affidavit in reply to S/J with prayer for leave to defend t.o.r.
He submitted that he would served the copy of reply upon the plaintiff.
Matter is adjd.to 08-11-2021 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Plaintiff Shraddha Khandhadia in person present and filed original registered S/J No. 118/21 with supporting affidavit t.o.r.
She also filed affidavit of service of S/J.
Adv. Karan Shejpal for defendant present.
Kb LO
Adv. Narayan Sahu for plaintiff along with Shraddha Khandhadia inperson present and filed rejoinder to the affidavit in reply to S/J t.o.r.
They also filed affidavit of service of rejoinder t.o.r.
Adv. Saurabh Oak for defendant present and submitted that he wants to file surrejoinder to rejoinder of the plaintiff in S/J No. 118/21 and prayed for short adjournment.
Considering the stage of the matter, short date be given on request of Adv. Saurabh Oak for defendant.
Matter is adjd.to 17-11-2021 for filing surrejoinder to
rejoinder of the plaintiff in S/J No. 118/21 by the deft. &
hearing of the plaintiff on S/J, for filing reply in NM No.
249/20 by the plaintiff. (2.45pm)
Next Purpose: HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present.
Adv. Saurabh Oak for defendant present and submitted that his senior is not feeling well and he prayed for adjournment to file surrejoinder .
Adv. Saurabh Oak not pressed NM No. 249/20. Hence, NM No. 249/20 is disposed of as not pressed by the defendant.
Matter is adjd.to 26-11-2021 for filing surrejoinder to
rejoinder of the plaintiff in S/J No. 118/21 by the
defendant and hrg on S/J.
Next Purpose: HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present.
Adv. Saurabh Oak for defendant present and filed sur-rejoinder in S/J No. 118/21 t.o.r.
Adv. Saurabh Oak also filed draft NM with supporting affidavit t.o.r. and Leave is granted to register the NM.
Adv. Narayan Sahu submitted that he received copies of sur-rejoinder and draft NM.
Adv. Narayan Sahu filed reply to draft NM of the defendant. t.o.r.
Matter is adjd.to 02-12-2021 for filing registered NM &
rejoinder by the deft & also for NM and S/J Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu a/w Adv. Aashish Pawar, for plaintiff present and filed vakalatnama t.o.r. and marked as Exh. 6
Adv. Saurabh Oak for defendant present and filed original registered NM No. 3016/21 with supporting affidavit t.o.r.
Matter is adjd.to 03-12-2021 for S/J & NM Hrg. (4.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu for plaintiff present
Adv. Saurabh Oak for defendant present
Heard Ld. Adv. Narayan Sahu for plaintiff.
Matter is adjd.to 10-12-2021 for Hrg on S/J AND NM by
the deft. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present.
Adv. Simel Purohit a/w Adv. Saurabh Oak for defendant present
Heard Ld. Adv. Simel Prohibit for defendant
Matter is adjd.to 17-12-2021 for Reply argument 3.30pm
Next Purpose: REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present.
Adv. Simel Purohit a/w Adv. Saurabh Oak for defendant present
Matter is adjd.to 22-12-2021 for Reply argument (4.00
pm)
Next Purpose: REPLY
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present.
Adv. Saurabh Oak for defendant present
Heard both sides at length.
Matter is adjd.to 04-01-2022 for S/J & NM order.
(4.00pm)
Next Purpose: NM ORDERS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Plaintiff Shraddha Khandhadia present.
None for defendant.
As stenographer is on leave and concerned department did not provide substitute or alternate stenographer, order and judgment could not be dictated.
Matter is adjd.to 10-01-2022 for S/J and NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Plaintiff Shraddha Khandhadia present.
None for defendant.
Order on NM No. 3016/21 -
1. Notice of Motion No. 3016/2021 is dismissed.
2. The proceeding of N/m No. 3016/2021 is closed.
F.R.S.R. following order is passed in S/J No. 118/2021 -
ORDER
1. Summons for Judgment No. 118/2021 is allowed.
2. Commercial Summary Suit no.3/21 is partly decreed.
3. Defendants are directed to pay the amount of Rs.9,00,000/- (Rupees Nine Lakhs Only) to the plaintiff with interest @ 18% p.a. from 19.03.2016 till the date of realization within three months.
4. Defendants shall bear the costs of the suit.
5. All defendants are jointly and severally liable to pay
decretal amount to the plaintiff.
6. Court fees be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
7. Decree be drawn up accordingly.
8. Proceeding of Summons for Judgment No. 118/2021 is closed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-01-2022