Date: 05-09-2019
Business: Adv. Ramesh Jain for plaintiff present.
Due to heavy rains,
Adjd. to 11.09.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: None present.
KB
LO
Adv. Ramesh Jain for plaintiff present.
Draft nm @ affidavit filed by Adv. for plaintiff.
Leave granted to register. Copy is supplied to OS.
KB
LO At 3.05 p.m.
Adv. Asif Hussain for deft present.
Ld adv. for deft has sought short adjournment. Taking into consideration the urgency which was shown by adv. for plaintiff today the matter is adjourned to 16.09.2019 for nm reply. Deft to supply copy of reply, if possible, in advance to plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 26/9/19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv .Ramesh Jain for plaintiff present.
Original NM 3402/19 @ Affidavit filed by plaintiff. t.o.r.
Deft present.
KB
LO 12.45 p.m.
Adv. Harish Sakpal for plaintiff present.
Adv. Hussain for deft. Present.
KB at 4.00 p.m.
LO At 4.00 p.m. Same appearance
Reply to nm filed by adv. for deft. Copy supplied to OS.
Exh. 1- Plaint
Exh.2- V/p.
Exh. 3- Memorandum of address.
Exh. 4- List of documents
Exh. 5- Written statement filed by deft.
Copy supplied to OS.
Exh. 6- Notice filed by deft to produce document.
Plff to say.
Heard arguments on nm of both sides.
During argument the adv. for deft has submitted that the documents which has been mentioned by him in his notice Exh. 6 are important which goes to the root of case.
This application is filed today. Plaintiff is required to furnish his reply. The notice of motion will be decided after decision on Exh. 6. The LD counsel for deft after consulting with the deft who is present before the court has undertaken not to dispose of the suit property or create any third party interest till the disposal of application Exh. 6. The LD counsel for deft has also shown apprehension that as the undertaking is given there might be possibility that matter will be go on lingering without any progress. In this respect the directions are given to the adv. of plaintiff and deft to co-operate with this court to dispose of application Exh. 6 within a month. Till the disposal of application Exh. 6. The undertaking given by deft will be remained in force. Adjd. to 18.10.2019 for reply of Exh.6.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Asif Hussain for deft. Present.
Today plaintiff has produced the documents. The adv. for deft. has asked permission for inspection. Permission granted. Deft\''s adv. to inspect the documents.
KB.
LO
After inspection the Ld adv. for deft has raised objection that all documents are not produced by plaintiff. The Ld. Adv for deft has emphasized that documents pertaining to sec. 24, 25 and 28 of Maharashtra Money Lending (Regulation) Act 2014 are not produced. Ld adv. for deft has prayed that suit can not proceed without those documents. At this stage when notice is given to produce document and other party has any grievance that grievance can only be recorded. The effect of non production of documents or suppression of documents by plff can be taken in to account at the appropriate stage of the suit. Therefore, notice Exh. 6 is filed. Ld counsel for deft has requested that the copies of document which are today brought for inspection be furnished to him. The documents are ledger book, receipt book, cash book which has entries of transaction pertaining to other parties also. Therefore, plaintiff to supply the copies of relevant transaction to deft. The interim order passed on 26.09.2019 to continue till next date.
Adjd. for nm hearing to 16.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. for Jain for plaintiff present.
Adv. Shrada Chorasiya for defendant present.
Earlier Interim order to continue till next date.
On the request defendant matter is adjd to 18/02/2020 for SJ reply.
Next Purpose: REPLY
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Ramesh Jain for plaintiff
Adv. Asim Hussain for defendant
Adjd for compliance of order under Exh.6 dtd.18-10-2019 regarding furnishing copies of the ledger book, receipt book, cash book regarding the relevant transaction to the defendant.
The interim undertaking given by the defendant to continue till next date.
Adjd for Compliance/Hearing of NM to 02-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Ramesh Jain for plaintiff
Adv. Asim Hussain for defendant.
Adv for plaintiff filed
Exh.7- List of documents.
Earlier order to continue.
Adjd for hearing on NM to 19-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 09/04/2020 for N/M hearing.
Earlier order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 15/10/2020 for N/M for hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 24/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 17/12/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
As early order if any continued till next date.
Adjd to 11.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff
None present for defendant.
Earlier order to continue, if any.
Matter adjd to 29.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjd to 11.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd to 18.02.2021 for NM reply and argument.
Next Purpose: REPLY
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Registered NM No.430/2021 a/w. affidavit in support of registered NM No.430/2021 filed by Adv. of plaintiff t.o.r.
Earlier Order if any to continue till 04.03.2021.
Matter adjd to 04.03.2021 for awaiting service report of NM.
Next Purpose: REPORT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None from defendant present.
Adv. Ramesh Jain for plaintiff present and seeks time to file affidavit of service of notice of motion to the defendant.
Matter adjd to 30/03/2021 for filing affidavit of service of notice of motion to the defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Affidavit of service filed by Adv. of plaintiff t.o.r.
Heard Adv.Mr.Ramesh Jain on NM No.430/21.
KB
LO
None present.
Matter adjd to 31.03.2021 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None present.
Matter adjd to 3.4.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 07.04.2021 for argument by defendant on NM 430/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 28.04.2021 for argument by defendant on NM No.430/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
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 07.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 20.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 07.08.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 pm
Adv.Mr.Ramesh Jain for plaintiff present.
Heard Adv.Ramesh Jain for plaintiff on NM No.430/21. The defendant absent. No argument of defendant on NM No.430/21.
Matter adjd to 10.08.2021 for Order on NM 430/21.
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
K.B. for order on NM No.430/2021.
L.O. at 5.00 p.m.
F.R.S.R. following order is passed on Notice of Motion No.430/2021.
ORDER
1. Notice of Motion No.430 of 2021 is partly allowed.
2. The defence of the defendant is struck out for the breach of undertaking dated 26.09.2019 submitted in the present suit.
3. Notice of Motion No.430/2021 in Commercial Suit No.73/2019 is
disposed off, accordingly.
Matter is adjd to 28.08.2021 for hearing on NM No.3402/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.27 pm
Adv.Ramesh Jain for plaintiff present.
Heard the plaintiff on Notice of Motion 3402/2019. No argument of the defendant.
Matter adjd to 03.09.2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.43 pm
Adv.Ramesh Jain for plaintiff present.
F.R.S.R. the following order is passed
ORDER ON NM NO.3402/2019
1. Notice of Motion No.3402/2019 is partly allowed as follows
(a) The defendant is directed to furnish security in sum of Rs.25,00,000/- (Rupees Twenty Five Lacs) on or before next date, if he fails to furnish security, his property/properties shall be attached before judgment.
3. Notice of Motion No.3402/2019 is disposed off accordingly.
Matter adjd to 27.09.2021 for security
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.19 pm
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered statement of truth, Exh.8 t.o.r.
The plaintiff tendered affidavit of evidence of Jaiprakash Arun Gupta, PW-1. It is read and recorded and it is marked as Exh.9.
The plaintiff tendered list of documents, Exh.10 t.o.r.
True copy of money lenders license certificate, Exh.11.
Demand promissory note, Exh.12
True copy of form No.10, Exh.13
Office copy of demand notice, Exh.14
Envelope and courier receipt, Exh.15 colly.
Defendants advocate reply, Exh.16
True copy of register, Exh.17
Copy of books of accounts (Cash Book), Exh.18
Copy of books of accounts (Ledger Book), Exh.19
Examination-in-chief is over.
Cross-examination by defendant - Defendant is absent. His defence is already struck off, hence, no cross by the defendant.
Plaintiff filed evidence close pursis, Exh.20 t.o.r.
Matter adjd to 01.10.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.44 pm
Adv.Ramesh Jain for plaintiff present.
Heard final argument of Adv.of plaintiff.
No argument of defendant.
Matter adjd to 06.10.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
K.B. for judgment.
L.O. at 2.45 p.m.
Adv. Yash Mishra h/f Adv.Vivek Shukla for defendant present and undertakes to file VP for defendant on next date. He filed application Exh.21 and submits that he wants to take steps for filing written statement. Case is for judgment. Defendant to take proper steps if any.
Matter adjd to 12.10.2021 for steps by defendant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: None present for plaintiff.
Adv.Yash Mishra for defendant present. He undertakes to file vakalatnama for defendant today, hence, keep back.
LO at 12.26 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Rajesh Kanojia present and filed vakalatnama, Exh.22 for Adv.Vivek Shukla on behalf of defendant t.o.r.
The defendant filed application, Exh.23 seeking compliance of roznama dated 18.02.2020 t.o.r.
The defendant filed application, Exh.24 for setting aside order dated 12.08.2021 t.o.r.
The defendant filed application, Exh.25 to set aside and recall orders dated 27.09.2021, 01.10.2021, 06.10.2021 t.o.r.
The defendant filed application, Exh.26 to recall and set aside order dated 03.09.2021 t.o.r.
The defendant filed application, Exh.27 to set aside order dated 01.10.2021 t.o.r.
Copies of Exh.23 to Exh.27 are furnished to the plaintiff. Endorsement to that effect is made.
Defendant present.
Matter adjd for say on Exh.23 to Exh.27 on 10.11.2021.
Next Purpose: REPLY
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Yash Mishra h/f. Adv.Vivek Shukla for defendant present.
The plaintiff requested for time to file reply to Exh.22 to Exh.27.
Matter adjd to 09.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
Adv. Yash Mishra i/b V. Shukla and Associates for defendant present.
KB
LO at 1.16 p.m.
Adv. Yash Mishra i/b V. Shukla and Associates for defendant present.
KB
LO at 3.34 p.m.
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 12.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 09.02.2022 for Reply to Exh. 22 to 27 by the plff.
Next Purpose: REPLY
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
Adv.Pooja Mishra h/f.Adv.Vivek Shukla for defendant present.
In view of SOP dated 06.01.2022, matter adjd to 05.03.2022 for reply on Exh.22 to Exh.27.
Next Purpose: REPLY
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.14 pm,
Adv.Ramesh Jain for plaintiff present. He tendered reply to applications at Exh.23 to Exh.27. Reply are t.o.r. and marked as Exh.28 to Exh.32 respectively.
Copies of reply Exh.28 to Exh.32 are kept on record for furnishing same to the defendant.
Matter adjd to 28.03.2022 for hearing of Exh.23 to Exh.27.
Judge
LO at 03.01 pm,
Adv.Pooja Mishra for defendant present.
Copies of reply Exh.28 to Exh.32 are furnished to the defendant with endorsement.
Matter adjd to 28.03.2022 for hearing of Exh.23 to Exh.27.
Next Purpose: HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Ramesh Jain for plaintiff present.
Adv.Kanojia h/f.Adv.Shukla for defendant present.
Matter adjd to 18.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
Adv.Pooja Mishra h/f.Adv.Vivek Shukla for defendant present.
On oral request of defendant, matter is kb.
LO at 11.50 am,
Adv.Ramesh Jain for plaintiff present.
Adv.Rajesh Kanojia h/f.Adv.Vivek Shukla for defendant present.
Matter adjd to 14.06.2022 for hearing on Exh.23 to Exh.27.
Next Purpose: HEARING
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None present for both parties.
K.B. L.O.at 1.15 p.m.
None present for plff.
Adv Pooja Mishra for deft present and filed application Exh.33 for adjournment. O- Adjournment Granted.
Matter adjd to 16.07.2022 for hearing on Exh. 23 and 27.
Next Purpose: HEARING
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: None present.
KB LO 12.30.
Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Heard argument of adv of plff on Ex.23 to 27.
LO 12.45
Adv.Pooja Mishra h/f Adv. Vivek Shukla Present for Deft and seeks time for argument on Ex. 23 to 27.- adj. Granted as a last chance.
Adj. For Argument on Ex.23 to 27 by deft on 03/08/2022.
Next Purpose: HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Rajesh Patil Present for Plff.
None Present for Deft.
KB LO. 12.00.
Adv. Rajesh Patil Present for Plff.
Adv. Norbery D’souza I/b Adv. Ravi Purohit Present for Deft.
Deft Mohd Jahamgir Masood Shaikh present.
Ex.34- deft has filed application for time to change advocate. Adj. Granted.
Adj. For Argument on Ex.23 to 27 by deft on 26/08/2022.
Next Purpose: HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Rajesh Patil for plaintiff present.
Exh. 35- He filed VP on behalf of plaintiff.
None present for defendant.
L.O. at 12.51 p.m.
Exh. 36- Adv. Yash Mishra h/f Adv Ravikant Purohit for defendant present and filed Vakalatnama.
LO at 01.30 p.m.
Argument of advocate of plaintiff on Exh. 23 to 27 heard on 16.07.2022. Thereafter, till today matter adjourned for argument of defendant. Today Adv.Ravikant Purohit filed V.P on behalf of defendant and seeks time for hearing. O: Adjournment granted as last chance for argument on Exh. 23 to 27.
Case adj for argument on Exh. 23 to 27 on behalf of defendant to 13/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: None Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Heard argument adv of deft on Ex. 23 to 27.
Adj. For Order on Ex.23 to 27 on 20/09/2022.
Next Purpose: ORDER
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Present for Deft.
Adv of deft submitted that, he want to file NM in respect of the relief claimed in application Ex.23 to 27. In view of submissions of adv of deft applications Ex. 23 to 27 stands disposed of.
Adj. For filing Draft NM and final argument on 08/10/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of deft has filed draft NM along with affidavit for recalling orders dt.12/08/2019, 27/02/2021, 01/10/2021, 06/10/2021 and 03/09/2021. Leave granted to register NM. Copy be served upon otherside.
Adj. for NM returnable on 01/11/2022.
Next Purpose: NM FIRST ON BOARD
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of deft tendered registered NM 3862/22 along with affidavit.
Today copy of NM served on adv of plff.
Adj. For Reply on NM 3862/22 on 18/11/2022.
Next Purpose: REPLY
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: None Present for Plff.
Adv. Ravikant Purohit h/f Adv. Vivek Shukla Present for Deft.
Adj. For reply on NM 3862/22 on 13/12/2022.
Next Purpose: REPLY
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Priyanka Rupatkke h/f Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of plff seeks time to file reply to NM. Granted as last chance.
Adj. For Reply on NM 3862/22 on 20/01/2023.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of plff seeks time to file reply on NM 3862/22 on the ground that son of plff is not felling well. Record shows that plff has sought adjournment since 01/11/2022 for reply. As such to have opportunity time to file reply granted subject to Costs of Rs.500/- to be paid to otherside.
Adj. For Reply NM 3862/22 and Costs of Rs.500/- to be paid to otherside on 04/02/2023.
Next Purpose: REPLY
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit Present for Deft.
Adv of deft contended that she has received costs of Rs.500/- from adv of plff as per order dt. 20/01/2023.
Exh.35. Adv of plff has filed reply to NM 3862/22.
Adj. For Hearing on NM 3862/22 on 02/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Priyanka Ruptakke h/f Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of deft seek adjournment for hearing on NM on the ground that he has not brought the papers and therefore unable to argue the matter. Otherside has no objection. Adjournment granted.
Adj. For Hearing on NM 3862/22 on 30/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Pooja Mishra h/f Adv. Ravikant Purohit Present for Deft.
KB 3.00 pm.
Adv of deft contended that advocate on record is busy in Honble High Court and hence adjournment be granted. Adjournment granted.
Adj. For Hearing on NM 3862/22 on 21/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. Rajesh Patil Present for Plff.
Adv. Ravikant Purohit Present for Deft.
Adv of plff seeks time for argument. Granted.
Adj. For hearing on NM 3862/22 on 22/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Rajesh Patil for plff present.
Adv. Pooja Mishra h/f Ravikant Purobit for deft present.
Heard Ld adv of deft oraly prayed for time to make submission on NM no. 3862/22. Ld adv of plff opposed the prayer for adjd.and pointed out the record.
O- From the record it appears that NM no. 3862/22 was registered in the month of Nov. 22 and since 02.03.2023 it is pending for hearing. The said NM is moved for setting aside the order dt. 03.09.2021 passed against deft for furnishing security of Rs. 25,00,000/- till next date from the date of said order. The deft instead of complying with said order as moved NM no. 3862/22 with additional prayers for setting aside order dt. 12.08.2019 and setting aside order dt. 27.09.2021. Therefore, the oral prayer on behalf of deft for adjournment is hereby rejected. The ld adv for plff is directed to make his submissions on NM 3862/22 and then the matter will be posted for order and said NM.
The Ld adv for plff submitted that his reply to NM no. 3862/22 may be considered as his arguments on the said NM.
Adjd.to 19.07.2023 for order on NM no. 3862/22
Next Purpose: NM ORDERS
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Ravikant Purohit for defendant is present.
O- On oral request of Ld. Advocate for defendant,
opportunity is hereby granted for making submissions on
NM No. 3862/2022 on behalf of defendant.
Both the parties are re-heard on NM No. 3862/2022.
Matter is adj for order on NM No. 3862/2022 to
24/07/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Ravi Kant Purohit for defendant is present.
Court is busy in passing in another two NM orders.
Hence, for want of time matter is adjourned.
Matter is adj for NM order to 28/07/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv. Rajesh Patil for plaintiff is present.
Adv. Pooja Mishra for defendant is present.
Matter is adj for order on NM No.3862/2022 to 01/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: None present for parties.
KB for order on NM
L.O at 03.30 p.m.
Ravikant Purohit for Defendant present.
Court is busy in other matters on board and passing order in Commercial Summary Suit No. 13/2022 and Commercial Suit No. 1237/2021. Hence, want of time matter is adjourned.
Matter is adj for NM order to 03/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: None present.
KB for order.
L.O at 12.15 p.m.
Adv. Pooja Mishrra h/f adv. Ravikant for defenant is present.
L.O. at 01.15 p.m.
Adv. Rajesh Patil for plaintiff is present.
Court is busy in other matters on board and passing Judgment in Commercial Summary Suit No. 311/2022. Hence, want fo time matter is adjourned.
Matter is adj for NM order to 05/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: None present.
KB for order
L.O at 02.50 p.m.
Adv. Rajesh Patil for plaintiff is present.
L.O at 03.30 p.m.
Adv. Pooja Mishra for defendant is present.
Court is busy in other matters on board and passing order in NM No. 784/2023. Hence, want of time matter is adjourned.
Matter is adj for order to 08/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: None present from the parties.
L.O at 03.00 p.m.
Adv. Rajesh Patil for plaintiff is present.
Court is busy in Recording Evidence. Hence matter adjd.
Matter is adj to 11.08.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: None present for plaintiff.
None present for defendant.
L.O at 03.30 p.m.
Adv. Rajesh Patil for plaintiff is present.
F.R.S.R Following order is passed.
O R D E R in NM No. 3862/2022
(Delivered on 11/08/2023)
1. Notice of Motion No.3862 of 2022 is hereby allowed and the Order dtd.12/08/2021 passed on NM No.430 of 2021 and Order dtd.03/09/2021 passed on NM No.3402 of 2019 and the “No Cross Examination of PW-1” Order dtd.27/09/2021 is hereby set aside on the condition that the defendant shall pay to the plaintiff an amount of Rs.10,000/-(Rupees Ten Thousand Only) on or before next date.
2. If the defendant fails to pay the costs as stipulated above then the present Notice of Motion shall be deemed to be rejected and the said three impugned orders shall be deemed to be restored in favour of the plaintiff.
Matter is adj for compliance to 25/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: As P.O is on leave. Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: None present for plaintiff.
Adv. Pooja h/f adv. Ravikant Purohit for def. is present and orally requested for time to comply order dt. 11.08.2023 passed in NM No. 3862/2022. She submitted that, the def. does not have money to comply the said order.
O- The NM 3862/2022 was conditionally allowed on 11.08.2023 and it was specifically directed that if the def. fails to pay costs of Rs. 10,000/- till next date then the three orders impugned NM No. 3862/2022 shall be deemed to be restored in favor of the plaintiff. Therefore, oral prayer on behalf of the def. is hereby rejected. Plaintiff is directed to take further steps.
Adjd. to 20/11/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Adv. Rajesh Patil for plaintiff is present and pointed out that the evidence affidavit a/w original documents is already on record therefore, Court may keep the matter for final arguments.
None present for def.
Matter is adj. for final arguments to 07/12/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Rajesh Patil for plaintiff is present.
None present for defendant.
Matter is adj. for final arguments to 16.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: Adv. Rajesh Patil for plaintiff is present.
None for def.
Matter is adj. for arguments to 05/01/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: None present.
KB
Later on at 12.45 p.m.
None present.
Matter is adj. for argument to 29/01/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Coram H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Matter is adj. for Arguments to 07.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: None present.
Matter is adj. for final Argument to 29.02.2024
Next Purpose: ARGUMENTS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Adv. Madhuri Shirke h/f Adv. Rajesh Patil for plaintiff is present and requested for time for arguments. O- Time granted as last chance to the plaintiff.
None present for defendant.
Matter is adj. for arguments to 19/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Adv. Rajesh Patil for plaintiff is present.
Heard final arguments of ld. Adv of plaintiff.
Matter is adj. for citations to 10/04/2024.
Next Purpose: CIATATION
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Matter is adj. for citation to 14.06.2024.
Later on 12.04 pm.
Adv. Ms. Yasmin Sarang h/f Adv. Rajesh Patil for the plaintiff is present.
Next Purpose: CIATATION
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: CIATATION
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: Adv. Mamta Panigrahi for plaintiff is present.
Exh.36 - Fresh Vakalatnma on behalf of plaintiff with no objection of previous advocate. O: Filed. She orally prayed to grant opportunity to make fresh arguments in the matter. O: Opportunity granted to the ld. Adv of plaintiff as prayed for.
None present for defendant.
Matter is adj. for arguments to 06/07/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Mamta Panigrahi for plaintiff is present.
Plaintiff is present.
None present for defendant.
KB for arguments
LO at 1.20 pm
Same appearance for plaintiff.
O- On oral request of Ld advocate of plaintiff, adjourned for written notes of arguments.
Matter is adj. for written notes of arguments to 22.07.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: None present.
Matter is adj. for written notes of arguments to 06/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Adv. Mamta Panigrahi for plaintiff is present and submitted that, her written notes of arguments be kindly considered as her oral arguments.
Exh. 37- Written notes of arguments.
None present for defendant.
Matter is adj. for arguments to 31/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: Court is Vacant hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: As per the Office order no. 273 of 2024 dated 14.11.2024 declared as Holiday on 20.11.2024 for Poling Day of General Election of State Legislative Assembly of Maharashtra, matter adj. to 24.12.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Court is on vacant. Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2025
Date: 10-02-2025
Business: P. O is on leave hence matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff and informed that her side of final argument is finished and the matter is kept for argument of defendant since long. However they are not turning up. Hence the right of defendant is argued to forfeited. Matter is posted for Judgment.
None present for defendant.
Matter is adj. for Judgment to 27.06.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Parties are absent.
Adv. Mamta Panigraphi present for plaintiff.
None present for defendant.
As court is busy in Supreme court expedite matter and daily board hence adjourned.
Matter is adj. for Judgment to 16.07.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: HHJ is on leave. Hence adj. to
Next Purpose: JUDGMENT
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: P.O. is on leave hence adj. to
Next Purpose: JUDGMENT
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
None present for defendant.
Court has dictated the judgment partly. However, unable to find out the issues and Sheristedar informed that matter was never posted for framing of issues.
Matter is adj. for framing issues to 18.08.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: None present.
As Court is busy in checking several orders of steno. Hence, matter is adjourned.
Matter is adj. for framing of issues to 13.10.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff and pointed out that S.J was allowed conditionally. However, defendant failed to comply conditions hence, it is now for passing Judgment as written arguments is already tendered.
None present for defendant.
Matter is adj. for oral arguments/Judgment to 11.11.2025.
Later on at 01.30 p.m
Adv. H. M. Singh present for plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: Plaintiff present.
Adv. Mamta Panigri present for plaintiff.
None for defendant.
Matter is adj. for Arguments to 13.11.2025
Next Purpose: ARGUMENTS
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: None present.
Matter is adj. for arguments to 23.12.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff and she appraised that on previous date she was present and her presence was not marked.
Matter is adj. for arguments to 25.03.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: None present.
KB.. Later on at 12.15 p.m.
Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
None present for defendant.
Heard arguments of ld adv of plaintiff.
Matter is adj. for arguments to 06.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Parties are absent.
Adv. Mamta Panigrahi present through V.C. for plaintiff.
None present for defendant.
Matter is adj. for arguments to 16.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2026
Date: 16-04-2026
Business: Parties are absent.
Adv. Mamta Panigrahi present through V.C. for plaintiff.
None 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 28.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2026
Date: 28-04-2026
Business: Parties are absent.
Adv. present through V.C. for plaintiff.
None present for defendant.
KB.. Later on at 12.30 p.m.
Adv. Mamta Panigrahi is present for plaintiff and filed written notes of arguments. TOR. Marked as Exh. 38.
Both parties are directed to sent soft copy of written arguments on mentioned email. - citycivilcourt32@gmail.com.
Matter is adj. for arguments to 02.05.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2026
Date: 02-05-2026
Business: Parties are absent.
Adv. Mamta Panigrahi present for plaintiff.
None present for defendant.
Exh. 39 Judgment.
Operative part of Judgment.
1.Commercial Suit No.73 of 2019 is partly decreed with costs.
2.Defendant shall pay an amount of Rs.10,00,000/- (Rupees Ten Lakh Only) to plaintiff with interest at the rate of 9 percent p.a. from 10.05.2018 till the date of realization of the amount.
3.Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-05-2026