Date: 25-11-2019
Business: Plff in-person Present.
Adv. Saurabh Oka for deft No. 1 to 4 present.
Plff in-person filed Affidavit of Service. t.o.r.
Adv. for deft. Filed VP on behalf of Deft no. 1 to 4. t.o.r.
Order Passed below Exh.01
1. The suit is proceeded without written statement against Defendant No.1 to 4.
Matter adjd to 30/11/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Narayan Sahu I/b Adv. S. K. Dubey present for plff.
Adv. Aditya Present for the Deft.
CA of the plff present.
Ld Advocate for the deft filed Draft NM alongwith affidavit. t.o.r.
Order - Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Ld Advocate for deft filed 2nd Draft NM alongwith affidavit. t.o.r.
Order - Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
The Ld Adv appearing for plff has submitted that though this suit is registered as commercial suit but it falls under order 37 of CPC. therefore the Deft should have appeared within ten days from the date of service of writ of summons. He also states the date of service of writ of summons dt. 23.10.2019 and VP is filed on 25.11.2019 without any application. Therefore plff is entitled for decree. On the contrary, the Ld Adv appearing for deft has submitted that the suit is commercial suit therefore provisions under order 37 of CPC are not applicable. He further submits that he has filed today on record two NM. One motion is filed to refer the matter for Arbitration under section 8 of the Arbitration and Conciliation Act. Second motion is file to set aside no WS order dt.25.11.2019 and to permit defendants to file written statement on record. He further states that his senior advocate is not available today therefore matter be adjourned for hearing whether the provision under order 37 of CPC are applicable or not. I am of the opinion of that though VP of defts is taken on record on 25.11.2019 and today both NM are taken on record, even though after hearing both sides further orders can be passed whether provisions under order 37 of CPC are applicable or not to this suit.
Matter Adj for hearing whether provisions under order 37 of CPC are applicable or not.
Matter Adj for Hearing to 21/12/2019.
Next Purpose: HEARING
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Narayan Sahu Present for the Plff.
Plff in-person present.
Adv. Saurabh Oka for defendant present.
Adv. for defendant tendered original registered NM 4619/19 alongwith affidavit. t.o.r.
Adv. for defendant also tendered original registered NM 4622/19 alongwith affidavit. t.o.r.
Ld Adv appearing for plff has submitted that he is going to file separate application on the point that Order 37 of code of civil procedure is applicable to this suit. Hence matter adj for filing application.
Matter adjd for filing application on 09/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: CA of plaintiff present.
She states that affidavit of service is filed on 25/11/2019 alongwith original writ of summons. She further states that there is no reference in the roznama dt. 25/11/2019 regarding filing of original writ of summons with service affidavit. I have gone through the service affidavit Exh.02. It appears that original writ of summons is filed with the service affidavit. She further states that in the roznama dt. 30/11/2019, it is mentioned therein that date of service of summons is 23/10/2019 and in fact writ of summons are served to deft no. 1 partnership firm on 22/10/2019. I have gone through the roznama dt. 30/11/2019. It appears that Ld. Adv appearing for plff had stated that service of writ of summons is dt. 23/10/2019.
On last date the Ld Adv. appearing for plff had submitted that he is going to file separate application on the point that Order 37 of CPC is applicable to this suit.
CA of the plff submitted that matter be adjourned as the Adv. for plff is not available today. Hence matter adjourned on the request of plff for filing application.
Matter adjd for filing application on 16/01/2020 at 11.00 am.
Later on at 3.23pm.
Adv. Saurabh Oka for defendant present.
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: CA of plff present.
Adv. Saurabh Oak for deft present.
Kb.
Later on at 12.21pm.
Adv. Sahu for plff present.
The Ld Adv appearing for plff has submitted that time be extended for filing application on the point that Order 37 of CPC is applicable
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: CA of plaintiff present.
Adv. Saurav Oak for defendant present.
Kb.
Later on at 12.15 pm.
CA of Plaintiff 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: CA of plaintiff present.
None for defendant.
CA of plaintiff tendered original registered notice of motion no.431 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. 431/2020. 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. 431/2020 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: Power of Attorney of plaintiff present.
Adv. Saurabh Oak for defendant present.
Heard both sides in view of reply filed to the NM no.431/2020.
Matter adjd for NM order in 431/2020 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 15.04.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 15-07-2020
Date: 15-07-2020
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. 431/2020.
This case has been transferred from CR No.20, therefore it require re-arguement on NM No. 431/2020.
The plaintiff have not filed reply on defendants NM No. 4619/19 and 4622/19.
Adjourned for reply by plaintiff on NM No. 4619/19 and 4622/19 and hearing on plaintiff NM No. 431/20 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 by plaintiff to NM No. 4619/19 and NM No. 4622/19 and hearing on NM No. 431/20 to 11.11.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 27.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: C.A. of plaintiff Shradha Khandhadia present.
None present for defendants.
Adjourned for reply by plaintiff to NM no.4619/19 and NM 4622/19 and hearing on NM 431/20 on 18.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Shraddha Khandhadia for CA of plaintiff 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: Power of attorney of plff is 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 08.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 12.08.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: C.A. of plaintiff present and filed adjournment application with xerox copy of orders of Hon\''ble High Court in writ petition no. 2375/2021 t.o.r. marked as Exh.4 – Adjournment granted.
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: CA (Constituted Attorney)Shraddha Khandhadia for plaintiff present.
Adv. Ketan Dhavle for defendant present.
Heard both sides in NM No. 431/20
F.R.S.R. following order is passed in NM No. 431/20-
ORDER
1. Notice of Motion No. 431/2020 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
Constituted Attorney 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: (By preceipe) (NOB TOB)
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: Adv. Shraddha Khandhadia for plaintiff present and filed reply to NM No. 4619/19 along with affidavit of service of reply t.o.r.
She also filed original registered S/J No. 117/21 with supporting affidavit t.o.r.
She also filed affidavit of service of S/J. t.o.r.
Adv. Karan Shejpal for defendant present.
Kb LO
Adv. Narayan Sahu along with Shraddha Khandhadia for plaintiff 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 rejoinder in NM No. 4619/19 and surrejoinder to rejoinder of the plaintiff in S/J No. 117/21 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 rejoinder in NM
No. 4619/19 and surrejoinder to rejoinder of the
plaintiff in S/J No. 117/21 by the deft. & hearing of the
plaintiff on S/J, for filing reply in NM No. 4622/19 by the
plaintiff(2.45pm)
Next Purpose: HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: C.A. of 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 and rejoinder.
Adv. Saurabh Oak not pressed NM No. 4622/19. Hence, NM No. 4622/19 is disposed of as not pressed by the defendant.
Matter is adjd.to 26-11-2021 for filing rejoinder in NM
No. 4619/19 by the defendant and surrejoinder to
rejoinder of the plaintiff in S/J No. 117/21 by the
defendant and hrg on S/J.
Next Purpose: HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: C.A. of 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. 117/21 t.o.r.
He also filed rejoinder in NM No. 4619/19
Adv. Narayan Sahu submitted that he received copies of sur-rejoinder and rejoinder in NM.
Matter is adjd.to 02-12-2021 for S/J & NM Hrg (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: C.A. of plaintiff Shraddha Khandhadia present.
Adv. Aashish Pawar a/w Adv. Narayan Sahu for plaintiff present and filed vakalatnama t.o.r. and marked as Exh.5
Adv. Saurabh Oak for defendant present.
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: C.A. of 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: C.A. of 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: C.A. of 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: C.A. of plaintiff Shraddha Khandhadia present.
None for defendant.
Order on NM No. 4619/19 -
Proceedings of Notice of Motion No.4619/2019 is disposed off.
F.R.S.R. following order is passed in S/J No. 117/2021 -
ORDER
1. Summons for Judgment No. 117/2021 is allowed.
2. Commercial Summary Suit no. 2/21 is partly decreed.
3. Defendants are directed to pay the amount of
Rs.6,00,000/- (Rupees Six Lakhs Only) to the plaintiff with interest @ 18% p.a. from 18.03.2016 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. 117/2021 is closed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-01-2022