Date: 01-11-2019
Business: Adv. Suvarna Gambhir for plff present.
Plaint
VP
Address Memo
List of documents
Plff is directed to serve writ of summons through Court bailiff upon deft.
Adjd for Service to 06.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Suvarna for plff present.
Adv. Shetty for deft present.
Adjd for Written Statement to 22.01.2020.
Later On. At 01.40 pm.
Adv. Purohit for deft present.
VP filed by advocate for deft. TOR.
Now adjd for WS to 22.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Suvarna Gambhir for plaintiff present tendered application for summary judgment t.o.r. Its marked at Exh.6. Copy served to other side. She has also filed affidavit of service t.o.r. Its marked at Exh.7
Adv. Shetty for defendant present.
On oral request of Ld. Adv. for defendant adjournment granted as last chance.
Adjd to 28-01-2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff present.
Adv. Suvarna Gambhir for plaintiff present.
Adv. M. D. Mali for defendant present.
Copy of application (Exh. 6) given to the other side.
On oral request of Ld. Adv. for defendant adjournment granted as last chance.
Adjd to 05-02-2020 for WS and reply to the application.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Suvarna Gambhir for plaintiff present.
Adv. M. D. Mali for defendant present.
KB LO
Adv. P. M. Purohit for defendant present and tendered WS t.o.r. Its marked at Exh.8 Copy be served to other side.
Adjd to 26-02-2020 for reply by defendant to application for summary judgment .
Next Purpose: REPLY
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Yashpal Jain for plaintiff present.
Adv. Harsh Shetty for defendant present.
Defendant is directed to serve copy of WS to the plaintiff at the earliest.
On oral request of Ld. Adv. for defendant adjournment granted as last chance.
Adjd to 03-03-2020 for reply to the application.
Next Purpose: REPLY
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Suvarna Gambhir for plaintiff present.
Adv. Shetty for defendant present and tendered reply to the application (Exh. 6) t.o.r. Its marked at Exh.9
Copy be served to other side.
KB LO
Adv. Yashpal Jain for plaintiff present and tendered rejoinder. Copy be served to other side. He has also tendered draft C/S along with affidavit. Leave is granted to register the C/S. Copy served to other side.
Adjd to 12-03-2020 for C/S Reply and Exh. 6 Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv.Aishwarya Poojari for plff. present and tendered original registered Chs. no. 393/20
Adv. Shetty for deft .present.
K.B.
Oral request by Ld. Adv. for deft to file reply to Ch/s No. 393/20 is rejected.
Order on Ch/s No. 393/20.
Perused Chamber Summons. the proposed amendment does not change nature of the suit and no prejudice will be caused to the deft if the amendment is allowed. therefore, the ch/s no. 393 of 2020 is allowed and made absolute in terms of prayer clause (a) and (b). The amendment be carried out forthwith. The office to allow Ld. Adv. for plff to carry out the amendment in the cause title of the plaint.
Adjd to 23/03/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: REPLY
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 15/10/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: REPLY
Next Hearing Date: 04-11-2020
Date: 04-11-2020
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 05 /11/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 25.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 04.12.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 15/12/2020 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv. Ms. Aishwarya for plaintiff present.
None for defendant.
In view of order dtd. 12.03.2020 ch/s No.393/20 was allowed by predecessor . However before lockdown advocate for plaintiff fail to carried out amendment.
Today tender application for extension of time- call the say of other side.
Adv. for plaintiff is directed to serve copy of application to the defendant and file affidavit of service.
Adjd to 19.01.2021 for compliance and affidavit of service.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv.Mr.Yashpal Jain for plaintiff present.
None present for defendant.
Affidavit of service, Exh.11 filed by Adv.of plaintiff t.o.r.
Matter adjd to 25.01.2021 for Say on Exh.10.
Next Purpose: REPLY
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
Adv.Mr.P.M. Purohit for defendant present.
Matter adjd to 10.02.2021 for steps by plaintiff.
LO
Adv.Yashpal Jain for plaintiff present.
The plaintiff has moved application Exh.10 seeking extension of time to carry out the amendment in the plaint as directed by this Court vide order dated 12.03.2020 in chamber summons 393/2020.
The defendant was served with the application, Exh.10. The plaintiff has filed affidavit of service, Exh.11 with postal acknowledgment of service.
The defendant had not filed say to the application.
Due to the corona pandemic, the plaintiff failed to carry out the amendment, so also due to the non-availability of plaintiff the amendment could be carried out in the plaint.
For the reasons in the application, the plaintiff needs to be permitted to carry out the amendment in the plaint. Amendment be carried out within two weeks.
Matter adjd to 10.02.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None present for plaintiff.
Adv.M.D. Mali for defendant present.
Matter adjd to 20.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Yashpal Jain for plaintiff present.
Adv.M.D. Mali for defendant present.
Matter adjd to 12.03.2021 for filing additional written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.Suvarna Gambhir for plaintiff present.
Adv.Sumit Mali h/f.Adv.Purohit for defendant present.
KB
LO
Adv.Suvarna Gambhir for plaintiff present.
Adv.P.M.Purohit for defendant present.
Ld.Adv.for the defendant seeks time. O-Time granted.
Matter adjd to 22.03.2021 for written statement/argument.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Suvarna Gambhir for plaintiff present.
Adv.M.D. Mali for defendant present.
Additional written statement , Exh.12 filed by Adv.of defendant t.o.r.
O-filed.
Matter adjd to 16.04.2021 for admission and denial and statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 28.4.2021 for admission and denial
Next Purpose: ADMISSION DENIAL
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: ADMISSION DENIAL
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
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 04.08.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 12.00 p.m.
Adv. Yashpal Jain for plaintiff present.
Adv.Mr. P.M. Purohit for defendant present.
Already application for summary judgment has been filed but it is not registered. Hence, O-Leave granted to register application for summary judgment.
Adjd to 18.08.2021 for hearing of summary judgment
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv.Yashpal Jain for plaintiff present.
Adv.M.D.Mali for defendant present.
Heard argument of Adv. of plaintiff on Summary Judgment No.06/21.
KB for argument of defendant.
LO at 01.32 pm
Adv.Priya Waghmare h/f.Adv.Yashpal Jain for plaintiff present.
Adv.M.D.Mali for defendant present.
Heard argument of Adv. of defendant on Summary Judgment No.06/21.
KB for rejoinder argument of plaintiff after recess.
LO at 02.53 pm
Adv.Yashpal Jain for plaintiff present.
Adv.M.D.Mali for defendant present.
Heard rejoinder argument of plaintiff.
Matter adjd to 29.09.2021 at 02.45 pm for order on summary judgment.
Next Purpose: ORDER
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None present for plaintiff.
Adv.M.D.Mali for defendant present.
KB
LO at 05.27 pm
F.R.S.R. the following order is passed
ORDER
1.Application for summary judgment No.06/2021 is dismissed.
2.The plaintiff shall bear the costs of this application.
Matter adjd to 16.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv.Yashpal Jain for plaintiff present.
None present for defendant.
On oral request of plaintiff, matter adjd to 20.12.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv.Yashpal Jain for plaintiff present.
Adv.Lalit Mali i/b.Adv.M.D.Mali for defendant present.
Adv. of plaintiff filed draft summons for judgment a/w.affidavit in support. O-Leave granted to register draft summons for judgment.
Copy of same furnished to other side. Endorsement to that effect is made.
Matter adjd to 06.01.2022 for SJ reply.
Next Purpose: REPLY
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv.Sonia Jain h/f Adv. Yashpal Jain present for plaintiff.
Adv.Sumit Mali present for defendant. KB
LO at 12.45 pm
None for Plaintiff.
Adv. Sumit Mali present for defendant.
The plaintiff is absent. Registered summons for judgment is not tendered before the court.
Matter adjd to 24/1/2022 for order for not tendering registered SJ by the plaintiff or for order in respect of not filing leave to defend.
LO at 1.20 pm
Adv. Sonia Jain for plaintiff present and filed registered summons for judgment t.o.r.
Already adjd. to 24/1/2022.
Next Purpose: HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Ms. Monlisha Gujari present for plaintiff.
None present for defendant.
KB
L. O. at 12.30 p.m.
Draft N/M (Delay Condonation) along with affidavit in support of N/M tendered by advocate for the plaintiff. O- Leave to register N/M is granted.
Matter adjd to 04/03/2022 for service affidavit in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv.Monalisa Gujari h/f.Adv.Yashpal Jain for plaintiff present.
None present for defendant.
Adv.of plaintiff tendered registered NM No.612/2022 a/w. affidavit in support t.o.r.
KB
LO at 11.46 pm,
Adv.Monalisa Gujari h/f.Adv.Yashpal Jain for plaintiff present.
Adv.Lalit Mali h/f.Adv.M.D.Mali for defendant present.
The plaintiff filed service affidavit in NM No.612/2022 t.o.r and marked as Exh.13.
The defendant tendered leave to defend. It is taken on record subject to delay. Copy of same is received by plaintiff with endorsement.
Matter adjd to 22.03.2022 for filing reply in NM No.612/2022 and steps by the defendant in respect of leave to defend.
Next Purpose: REPLY
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None present for plaintiff.
Adv.M.D.Mali for defendant present.
The defendant filed copy of reply in NM No.612/22 for furnishing the same to the plaintiff and requested time to file the signed copy of reply on the next date. Copy of reply is kept on record for furnishing the same to the plaintiff. The defendant filed reply on next date without fail.
Matter adjd to 21.04.2022 for Reply.
Judge
LO at 12.50 pm
Adv.Sonia Jain h/f.Adv.Yashpal Jain for plaintiff present.
Copy of reply in NM No.612/22 filed today is received by plaintiff.
Matter adjd to 21.04.2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plaintiff.
Adv.Lalit Mali i/b.Adv.M.D.Mali for defendant present.
KB
LO at 12.16 pm,
Adv.Yashpal Jain for plaintiff present.
Adv.M.D.Mali for defendant present.
The defendant filed reply in NM No.612/22 t.o.r. and marked as Exh.14. Copy of same is already received by the plaintiff on last date.
Adv.of defendant filed draft notice of motion (delay) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copies of same are received by plaintiff.
Heard both the sides on NM No.612/22.
Matter adjd to 06.05.2022 for order in NM 612/22 and reply by pltff in NM (delay).
Next Purpose: ORDER
Next Hearing Date: 06-05-2022
Date: 21-04-2022
Business: None present for plaintiff.
Adv.Lalit Mali i/b.Adv.M.D.Mali for defendant present.
KB
LO at 12.16 pm,
Adv.Yashpal Jain for plaintiff present.
Adv.M.D.Mali for defendant present.
The defendant filed reply in NM No.612/22 t.o.r. and marked as Exh.14. Copy of same is already received by the plaintiff on last date.
Adv.of defendant filed draft notice of motion (delay) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copies of same are received by plaintiff.
Heard both the sides on NM No.612/22.
Matter adjd to 06.05.2022 for order in NM 612/22 and reply by pltff in NM (delay).
Next Purpose: ORDER
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv.Yashpal Jain for plaintiff present.
Adv.Sumit Mali h/f.Adv.M.D.Mali for defendant present.
Adv.of defendant tendered registered NM No.1634/22 a/w. affidavit in support.
KB
LO at 05.00 pm,
Due to paucity of time, adjourned for order.
Matter adjd to 21.06.2022 for NM order.
Next Purpose: ORDER
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv.Yashpal Jain For plaintiff present.
Adv. Lalit Mane for defendant present.
Heard argument of plaintiff on Nm 612/22.
Adv of defendant seeks time for argument nm no. 612/22.
Case adjd for argument on nm no. 612/22. to 28.07.2022
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: PO is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv Chandni Gupta h/f Yashpal Jain for plaintiff present and seeks adjournment for hearing on nm.
Adv. M. D. Mali for defendant present.
Case adjd for hearing on NM 612/2022 on 17.09.2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Chandani Gupta h/f Adv. Yashpal Jain Present for Plff.
Adv. M. D. Mali Present for Deft.
Adv of plff seeks time for hearing on NM 612/22. Granted.
Adj. For Hearing on NM 612/22, 1634/22 and SJ 16/22 on 12/10/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Pranali Hodwadekar h/f Adv. Yashpal Jain Present for Plff and seeks adjournment for hearing on NM. Granted as last chance.
Adv. M. D. Mali Present for Deft.
Adj. For hearing on NM 612/22, NM 1634/22 and SJ 16/22 on 15/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Yashpal Jain a/w Adv. Chadani Gupta Present for Plff.
Adv. M. D. Mali Present for Deft.
Heard argument adv of both parties on NM 612/22.
Adj. For Order on NM 612/22 and Hearing on SJ 16/22 and NM 1634/22 on 23/11/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Chadani Gupta h/f Adv. Yashpal Jain Present for Plff.
Adv. Sumit Mali I/b M. D. Mali Present for Deft.
F.R.S.R. following order passed on NM NO.612 of 2022.
ORDER
Notice of Motion No.612 of 2022 stands rejected.
-=-=-=-=
In view of the rejection of Notice of Motion the delay for filing Summons for Judgment is not condoned and written statement is not returned/discarded. Therefore, the Summons for Judgment No.16/2022 does not survive. Hence, Summons for Judgment No.16/2022 stands disposed off.
Case adjourned for Hearing on NM 1634/22 to 03/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Yashpal Jain Present for Plff.
None Present for Deft.
Adj. For Hearing on NM 1634/22 on 23/12/2022.
LO 12.30.
Adv. P. M. Purohit Present for Deft.
Adj. For Hearing on NM 1634/22 on 23/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Yashpal Jain Present for Plff.
Adv. Sumit Mali I/b M. D. Mali Present for Deft.
Adv of both parties contended that in view of order dt.23/11/2022 passed below NM 612/22 the present NM 1634/22 become Infructuous. Thus NM 1634/22 stands disposed of.
Adj. For Admission and denial on 21/01/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. Chadani Gupta h/f Adv. Yashpal Jain Present for Plff.
Adv. Sumit Mali Present for Deft.
Draft review petition stamp no.277/2023 along with Misc Application no. 14/23 received on 18/01/2023 from Board Department. Notice of MA be issued to otherside.
Adv of Deft contended that he has received copy of MA and Review Petition.
Adj. For Reply on MA 14/23 on 17/02/2023.
Next Purpose: REPLY
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. Chandani Gupta for plff present.
Adv. Sumit Mali h/f M.D. Mali for deft. Present and seek time to file reply to M.A. no. 14/23 on the ground that the reply prepared on ledger paper instead of white paper. Adjournment granted as last chance to file reply.
Case adjourned for filing reply on MA No.14/23 to 01.03.2023.
Next Purpose: REPLY
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Yashpal Jain Present for Plff.
Adv. M. D. Mali Present for Deft.
Adj. For Hearing on MA 14/23 on 20/03/2023.
Next Purpose: HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Adv. Yashpal Jain for plaintiff present.
Adv. Sumit Mali for defendant present.
Exh.15 Adv.of defendant has filed application for adjournment on the ground that Adv.on record is not feeling well. Adjournment granted.
Case adjd for hearing to 11.04.2023.
Next Purpose: HEARING
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Yashpal Jain Present for Plff.
Adv. M. D Mali Present for Deft.
Heard argument adv of both parties on Misc. Application 14/2023.
Adj. For Order on MA 14/23 on 25/04/2023.
Next Purpose: ORDER
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Yashpal Jain Present for Plff.
Adv. Sumit Mali I/b M. D. Mali Present for Deft.
F.R.S.R. following order passed on MA 14/23.
ORDER
Misc. Application No.14 of 2023 stands rejected.
Adj. For Admission and denial on 20/06/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Yashpal Jain present for plff.
Adv. Sumit Mali present for deft.
Ld adv for plff submitted that he has filed Civil Writ petition against two orders passed by this Court against the plff. Hence matter may kindly be adjourned till first hearing on the said Writ Petition.
Order- matter adjourned for the reason stated by the Ld Adv for the plff.
Adj. For Admission and denial on 26/07/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Chandani Gupta h/f Adv. Yashpal Jain for plaintiff
is present.
Heard the Ld. advocate for plaintiff.
None present for defendant.
Exh.16 - Ld. advocate of plaintiff filed pursis a/w copy
of order of Hon’ble High Court.
O- The Hon’ble High Court in Writ Petition No.
7068/2023 has directed to this Court on 25.07.2023 to
defer the proceeding by 4 weeks. Hence, matter adjourned.
Matter is adj for admission and denial to 31/08/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: NOB-TOB
Writ received from Hon’ble High Court. Having inward No.10206 dt. 22.08.2023 in Writ Petition number 7068/2023 is received today. Note regarding the order passed by the Hon’ble Bombay High Court is already taken in the roznama on the last date.
Already adj to 31/08/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Adv. Yashpal Jain for plaintiff is present.
Adv. Sumit Mali i/b M.D.Mali for def. is present.
O- Matter adjourned in view of order of Hon’ble Bombay High Court on 30.08.2023 in W.P. No. 7068/2023.
Matter is adj as Suit stayed to 31/10/2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Yashpal Jain for plaintiff is present.
Adv. Sunil Gupta i/b M.D. Mali for deft. is present.
Matter is adj. for hearing on Summary Judgment to 13/12/2023.
Next Purpose: HEARING
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: HEARING
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Adv. Yashpal Jain for plaintiff is present and submitted that he is ready to make his submissions on Summary Judgment.
Adv. Sumit Mali h/f Adv. M.D. Mali for def. is present and prayed for adjournment for hearing on behalf of defendant.
O- The ld. Adv of def. is permitted to make his submissions on the Summary Judgment on the next date and the ld. Adv of the plaintiff is permitted to make his submissions today.
KB.. Later on at 11.55 a.m.
Same appearance for ld. Adv of plaintiff and def.
Heard ld. Adv of plaintiff on Summary Judgment.
Matter is adj. for hearing on Summary Judgment of ld adv of def. to 16/01/2024.
Next Purpose: HEARING
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: P.O is on leave in first session.
Next Purpose: HEARING
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Plaintiff in person is present.
Advocate for plaintiff is absent.
Adv. M.D. Mali for def. is present.
KB.. Later on at 01.25 p.m.
Adv. Jahnavi Vora h/f Adv. Yashpal Jain for plaintiff is present.
Adv. M.D. Mali for def. is present.
Heard ld. Adv. of defendant on Summary Judgment No. 06/2021.
On the oral request of ld. Adv of plaintiff matter adjourned for submitting case laws and rebuttal arguments on behalf of plaintiff and as per request of ld. Adv of plaintiff, time granted for filing original documents of plaintiff.
Matter is adj. for hearing on Summary Judgment and for filing original documents to 28/02/2024.
Next Purpose: HEARING
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Yashpal Jain for plaintiff is present.
Adv. M. D. Mali for defendant is present.
Keep back for hearing.
Later on
Heard both the sides.
Exh.17 - Compilation of case laws filed on behalf of plaintiff.
Exh. 18 - List of documents (alongwith original documents)
Exh. 19 - List of documents.
O - Both the parties are directed to file written notes of arguments in Summary Judgment application.
Matter is adj. for Written notes of Arguments to 16.03.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: NOB-TOB
Letter having inword no. 3725 dt. 28.02.2024 in High Court Civil Writ Petition No. 7068/2023 is received form Hon’ble High Court and follwing order is passed.
“ Orders dt. 23 November 2022 and 290 September 2021 are quashed and set aside. With this clarification, the writ petition stands disposed of. No costs.”
Already adj to 16/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Plaintiff is present and requested to KB the matter.
Adv. M.D. Mali for def. is present.
Exh.20 - Written notes of arguments on summary Judgment filed by ld. Adv of defendant. Copy of the same is served to the other side.
KB.. Later on at 01.15 p.m.
Adv. Jain for plaintiff is present.
Exh. 21- Written submissions on Summary Judgment filed by ld. Adv of plaintiff.
Exh. 22 – Application on behalf of plaintiff for taking on record the statement of truth to the plaint. Copy is served to the other side. O- Other side to say.
Adv. M.D. Mali for def. is present and seeks time to file say on Exh. 22.
Matter is adj. for reply on Exh. 22 to 05/04/2024.
Next Purpose: REPLY
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Yashpal Jain for plaintiff is present.
None present for defendant.
Keep back
LO at 12.30 pm
Adv. Yashpal Jain for plaintiff is present.
Adv. M. D. Mali for defendant is present and filed say on Exh. 22 Taken on record and marked as Exh. 22A.
Matter is adj. for Order on Exh. 22 and order on Summary Judgment to 03.05.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Adv. Varun Kesharia i/b Adv. Yashpal Jain for plaintiff is present.
Adv. Kapil Mali i/b Adv. M.D. Mali for def. is present.
Order Below Exh. 22
1. Application Exh.22 is hereby allowed.
2. The Statement of Truth filed alongwith application Exh.22 is hereby taken on record and marked as Exh.23.
3. The Statement of Truth be kept with the plaint.
4. No order as to costs.
5. Notice of Motion is disposed off accordingly.
-------------------------
Following order is passed in Summary Judgment No. 06 of 2021
For the reason separately recorded.
Operative part of order.
[1. The Summary Judgment No.6 of 2021 is hereby dismissed.
2. Put up the matter for Case Management Hearing on the next date.
3. No order as to costs.
Matter is adj. for CMH to 10/06/2024.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Adv. Yashpal Jain for plaintiff is present and orally requested time for case management hearing. O-Time granted as prayed for.
None present for defendant.
Matter is adj. for CMH to 05/08/2024.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Chandani Gupta h/f adv. Yashpal Jain for plaintiff is present and submitted that, the Writ Petition filed by the plaintiff before the Hon’ble High Court is allowed and the defendants are directed to deposit 50% of the invoice amount. Therefore, the matter may be kept for compliance.
Adv. P. M. Purohit for def. is present.
Matter is adj. for compliance to 04/09/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Court is Vacant hence Adj.to
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Court is Vacant hence adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: (Matter pertains to Court Room No.32.)
Advocate Yashpal Jain present for plaintiff.
None present for defendant.
Perused paragraph no. 7 from order dt. 02.08.2024 of the Honble Bombay High Court from Writ petition no. 10250/2024.
Plaintiff to inform the court whether the said order is complied by the defendant or not.
Matter is adjourned compliance to 13/12/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Advocate Megha H. Chobadia present for plaintiff.
Exh. 23- Plaintiff filed Original Deposit Certificate.
Taken on record subject to objection, if any. Parties to note.
Exh. 24- Plaintiff filed draft issues.
Plaintiff informed the Court today, the defendant had deposited the amount as per the Order of Honble Bombay High Court.
Matter is adjourned to 02.01.2025 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: None present for plaintiff.
Adv. P. M. Purohit for defendant is present.
Exh.25 - Draft issues filed by ld. Adv of defendant.
Exh.26 – Issues are framed.
Matter is adj. for CMH to 09/01/2025.
Later on at 12.50 p.m.
Adv. Pranali Hodawadekar h/f Adv. Yashpal Jain for plaintiff is present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Parties are absent.
Adv. Yashpal Jain for plaintiff is present.
Adv. P.M. Purohit for defendant is present.
Ld. Adv of defendant filed application on behalf of defendant to take statement of truth on record taken on record marked as Exh.27. Order - Call reply.
Matter is adj. for filing reply of plaintiff to 13.01.2025
Next Purpose: REPLY
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Plaintiff is present.
Adv. Yashpal Jain for plaintiff is present.
Witness PW-1 Sukanraj Kasturchanji Jian is present.
Exh.28 - Affidavit of documents filed by ld. Adv of plaintiff. O-Read and Record. Call reply of defendant. (on Exh. 18,19)
Exh.29- Evidence Affidavit filed by ld. Adv of plaintiff.
Exh.30- Compilation of documents filed by ld. Adv of plaintiff. O-Read and Record. Call reply of defendant. (on Exh. 18,19)
Adv. Purohit for def. is present.
Handwritten reply filed by ld. Adv. of plaintiff on Exh. 27.
Heard both the sides on Exh. 27. which is an application moved by the defendant for taking statement of truth on record. The application is resisted by handwritten reply dt. 13.01.2025.
The bone of Ld. Adv of P. M. Purohit is that plaintiff filed the statement of truth after 4 yrs of filing of plaint. The defendant also filed his statement of truth at be lated stage. Therefore, both are lying in the same board. The explanation given by the ld. Adv. Yashpla Jain for such huge delay was because the suit was not ‘commercial suit’ and it was summary suit though the defendant was well aware that it was a Commercial Suit.
After hearing rival submissions and the facts that, the suit is Commercial Suit and therefore, it was filed in the Commercial Courts ti being so, though I found substance in the submission of ld. Ad of plaintiff that, in commercial suits both the sites are required to file on record their statements of truth however none of them adhered to the said mandate of law hence, application Exh. 27 is allowed even though it is filed after framing of issues however, subject to Rs. 5000/- to be paid to the DLSA within 4 weeks. The costs is saddle so as to see that the commercial suit shall not be conducted as a regular short cause or long cause suit and it being filed invoking either before the Honble High Court or this Court as the case may be so as to give wattage to the Commercial suits it being not a regular suit. Hence, the application is disposed off accordingly. Statement of through is marked and recorded after depositing costs. If the costs is not deposited as directed within 4 weeks the order deemed to be vacated without further reference to this Court.
Witness PW-1 Mr. Sukanraj Kasturchandji Jain is present.
Oath is given to Witness PW-1.
Court verified the witness who is standing in the witness box.
Further examination in chief by ld. adv. of plaintiff reserved his further chief after deciding Exh. 18,19 and 30.
Matter is adj. for reply on Exh. 18, 19 and 30 to 11.03.2025.
Next Purpose: REPLY
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Parties are absent.
Adv. present for plaintiff.
Adv. M.D. Mali present for defendant. He filed reply to documents that is admission and denial. Exh. 31
Exh. 32 – He also tendered Affidavit of Evidence of DW-1 Mr. Shivaji Kishan Jadhav he tendered today without Compilation of documents. DW-1 verified by the court.
In view of reply all the documents tender by plaintiff vide Exh. 18,19 and 30 has been denied. Hence, plaintiff to prove the documents with accordance of law.
Matter is adj. for further examination for PW-1 to 15.03.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: Parties are absent.
Adv. Yashpal Jain present for plaintiff and filed application at Exh.33. O- Call say of the defendant.
Adv. M. D. Mali present for defendant.
Matter is adj. for reply on Exh.33 to 20.03.2025.
Next Purpose: REPLY
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: Parties are absent.
Adv. Yashpal Jain present through V.C. for plaintiff.
Adv. M.D. Mali present for defendant.
Exh.34 - Reply filed by ld. Adv of defendant on Exh. 33.
Matter is adj. for hearing on Exh. 33 to 21.03.2025.
Next Purpose: HEARING
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: Parties are absent.
Adv. Yashpal Jain present for plaintiff.
Adv. M. D. Mali present for defendant.
Heard both sides on Exh. 33
Matter is adj. for order on Exh.33 to 27.03.2025.
Next Purpose: ORDER
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Parties are absent.
Adv. Pranali h/f Adv. Yashpal Jain present for plaintiff.
Adv. P. M. Purohit present for defendant.
Order Below Exh. 33.1. The application is filed.
2.Plaintiff is at liberty to move if any, appropriate application. If he really wants to prosecute the costs in accordance with the law.
Matter is proceed in accordance with law.
As per office order No. 142 of 2025, dt. 24.03.2025 HHJ is relieved from duties w.e.f 27.03.2025 (A.N.) to attend special programme on NDPS Act, Prevention of Corruption Act and other subjects to be held on on 28th and 29th March, 2025 at Maharashtra Judicial Academy, Uttan, Thane. Hence, matter is adjourned.
Matter is adj. for admission and denial to 05.04.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: Parties are absent.
Adv. Yashpal Jain present for plaintiff.
Adv. M. D. Mali present for defendant.
Matter is adj. for admission and denial to 10.06.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: NOB-TOB.
Writ received from Hon’ble High Court, by letter having Inward No. 5970, Dt.02.04.2025. In Writ Petition No. 10250 of 2024 passed a following order.
“Honble High Court is directed to Ld. Trial Court to decide the suit as expeditiously as possible.
Both the parties are directed by this Court to approach the Trial Court along with server copy of this order on 06.08.2024 at 10:30 a.m.. Both the parties shall exchange their draft issues and submit the same to the Trial Court on that date upon which the Trail Court shall thereafter fix the schedule for proceeding with the suit as per its convenience and discretion.
Impugned order is sustained but varied as per the directions contained herein above regarding 50% deposit to be made by the defendant.”
The Writ is duly complied by taking entry into Writ Register.
Already adj to 10.06.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: Parties are absent.
Adv. Jain present for plaintiff.
Adv. Mali present for defendant.
Order Below Exh. 18, 19 and 30 of the documents of the plaintiff. In view of affidavit in reply filed by the defendant vide Exh. 31.
Heard Shri. Jain and Shri. M.D. Mali who pointed out that out of 4 documents of Exh. 18 he admitted document no. 4 i.e. photocopy of defendant advocates reply dt. 02.08.2017 hence it is marked as Exhibit subject to producing subject to file reply. It is marked as Exh. 35. Therefore, the document at sr. no. 3 being original plaintiffs advocate letter Dt. 07.07.2017 is also marked as Exhibit for the identification purpose, subject to proof of it. It is marked as Exh. 36.
The document at sr. no. 1 is the is office copy of invoice dt. 23.03.2015 hence it is marked as Exh. 37.
The document at sr. no. 2 is statement of account for the year 2015-2016, 16-17, 17-18 and 18-19. It be marked as Exh. 38,39,40 and 40A respectively, subject to proof of it.
Vide Exh. 19 list of document plaintiff tendered 2 document the first document is bank statement from defendant no. 1 for period from 01.12.2013 to 31.07.2017 and second document is certificate u/sec. 65 B of evidence act. Therefore both this document are marked Exhibit in view of plaint para 5 averments read with para no. 4 of affidavit of evidence at Exh. 29 r/w first para of 65 B certificate. This document will have to proved by plaintiff in accordance with law. Hence it is marked as Exh. 41 and 42.
Vide list of document at exh. 30 two documents have been tendered the first document is statement of account of the defendants firm in respect of transactions for the accounting year 2018-19, 01.04.2019 to 06.08.2019 a/w document no. 2 certificate u/sec. 65 of Evidence Act. the objection of ld. Adv. Mali is that these documents are not part and parcel of the plaint hence prayed not to exhibit. Moreover the ld. Adv. Shri M.D. Mali pointed out that plaintiff supplied two documents one is annexed with the plaint is pertaining to the ledger account for the period 01.04.2018 to 31.03.2019 and the other document pertains to 01.04.2019 to 06.08.2019 showing the closing balance Rs. 1708096.00 is not available on the record. He also shown his document to the court and I found force in the said submission and the second document annexed with Exh. 30 is not tendered with the plaint hence only first document for the period of 01.042018 to 31.03.2019 is only marked as Exhibit of the identification purpose subject to proving it in accordance with the law. It is marked as Exh. 43. Consequently I also marked the exhibit to the certificate u/sec. 65 B. It is marked as Exh. 44.
The document for the period from 01.04.2019 to 06.08.2019 is the document about outstanding a/w interest as on the date of filing of suit. It is marked as Article ‘A’
Hence as per the request of ld. Adv of plaintiff matter is adjourned for additional evidence for proving the documents in accordance with law.
Matter is adj. for additional evidence of plaintiff for proving documents to 16.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: HHJ is on leave. Hence adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: Honble High Court expedite matter.
Plaintiff is present.
Adv. Mansi Chikode h/f Adv. Yashpal Jain present for plaintiff.
Adv. M.D. Mali a/w Adv. P.M. Khot present for defendant.
Further examination in chief of witness PW-1 is completed.
The ld. Adv of defendant sought time as recently he has under gone city Angioplasty and prayed to keep the matter on next week. Hence keep the matter on 21.08.2025.
Both the ld. Advocates are requested to co-operate to dispose off the matter by the end of this month on or before 31.08.2025 in view of the period of six months granted by the Honble High Court to dispose off the matter from merits hence, on 21.08.2025 onwards the matter will go day to day till termination/disposal on merits.
Matter is adj. for recording evidence (High Court expedite) to 21.08.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: Plaintiff is present.
Adv. Yashpal Jain present for plaintiff.
Adv. M.D. Mali present for defendant.
Cross examination of witness PW-1 is completed.
Exh. 45 – Evidence closure pursis filed by ld. Adv of plaintiff.
Matter is adj. for cross examination of defendant to 22.08.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Parties are absent.
None present for plaintiff.
Adv. M.D. Mali present for defendant informed that his client is from Karnataka and he may attained the court on 26.08.2025 positively to face the cross examination. Hence, matter is adjourned on 26.08.2025. If DW-1 failed to appear before Court his right to adduce evidence stand forfeited.
Matter is adj. for cross examination of DW-1 to 26.08.2025.
Later on at 01.15 p.m.
Adv. Pranali Hodawadekar present for plaintiff.
Adv. M. D. Mali present for defendant.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 26-08-2025
Date: 26-08-2025
Business: Court is on leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: Coram H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
None present for plaintiff.
Adv. M.D. Mali present for defendant.
Kept back
LO at 4.00 pm.
Adv. Yashpal Jain present for Plaintiff.
Adv. M.D. Mali present for defendant.
Evidence of DW-2 Shivaji Jadhav is recorded.
Article-X/1-Invoice bearing no. 2 dt. 10.05.2014.
Article-X/2-Invoice bearing no. 12 dt. 10.12.2013.
Matter is adj. for R/E to 04.09.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 04-09-2025
Date: 04-09-2025
Business: Plaintiff is present.
Adv. Manasi Chikode h/f Adv. Yashpal Jain present for plaintiff.
Adv. Sumit Mali present for defendant and shown willingness to argue the matter finally and prayed to keep back the matter as seniors is shortly coming.
Later on at 12.09 p.m.
Adv. Yashpal Jain present for plaintiff and tendered draft NM for perjury along with affidavit in support. O.-Leave granted to register it.
Adv. M. D. Mali present for defendant and filed evidence closure pursis marked as Exh. 46. O-Read and Record.
Written notes of arguments filed by ld. Adv of defendant. Marked as Exh.47.
Registered NM No. 4794/2025 is received from department.
Heard arguments of both sides.
Matter is adj. for arguments on law points as factual arguments of both side is completed finally to 08.09.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Business: Plaintiff is present.
Adv.Yashpal Jain present for plaintiff and filed written submission. Marked as Exh. 48 a/w list of citations at Exh. 48A.
Adv. Sumit Mali present for defendant.
Heard ld. Adv of plaintiff on law points.
Matter is adj. for arguments on law point on the citations of plaintiff by defendant to 09.09.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: Plaintiff is present.
Adv. Yashpal Jain present for plaintiff and filed pursis. TOR. Marked as Exh.49 . O-Read and Record.
Adv. M.D. Mali present for defendant and tendered draft NM along with affidavit in support. O.-Leave granted to register it.
Heard ld. Adv of defendant.
Matter is adj. for NM returnable/Citation to 12.09.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: None present.
KB.
Later on at 02.55 p.m.
Parties are absent.
Adv. Manasi Chikode present through V.C. for plaintiff.
None present for defendant.
Later on at 03.10 p.m.
Adv. Yashpal Jain is present and filed citations.
Registered NM No. 4949/2025 received from department.
Matter is adj. for citations to 19.09.2025.
Later on at 04.30 p.m.
Adv. P. M. Purohit present for defendant.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: None present.
Hence, reserved for Judgment.
Matter is adj. fo citation/Judgment to 20.09.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Parties are absent.
Adv. Yashpal Jain present for plaintiff.
None present for defendant.
After going thorough the issues at Exh.26, Dt. 02.01.2025 and pleadings of the parties the defendant has seriously disputed his identity and in para no. 5 of the Written Statement it is contended that defendant is proprietor of M/s Sri Laxmi Ganesh Jwellers whereas in plaint plaintiff has shown defendant as proprietor of M/s Laxmi Ganesh Jwellers. Therefore, it is contented that suit is not maintainable due to misjoinder of parties.
That might be the reasons that the plaint was subsequently amended and defendant has been shown as proprietor of M/s Sri Laxmi Ganesh Jwellers.
In view of the aforesaid factual position it is necessary to frame the additional issue in respect of misjoinder of parties . Hence, today the following issue is framed as under.
As issue No. 9 - Whether suit is bad for misjoinder of parties
The parties, being aforesaid additional issue is framed at liberty to adduce evidence if any. Else, may choose to file pursis if any as per their wish.
The ld. Adv Shir. Yashpal Jain made a statement at bar that he is not going to adduce evidence or argue the matter being the said vital aspect has been dealt by both the paries in their pleadings, arguments and evidence have dealt elaborately the said issue and intends to file pursis to that effect.
At this juncture Ld. Adv of P. M. Purohit present for defendant.
Ld. adv of plaintiff and defendant filed joint closure pursis intending not to adduce evidence on the point of additional issue framed by the court today. TOR. Marked as Exh. 50. O-Read and Recorded. Statement of truth of defendant filed on 02.08.2024 but marked as exhibit today. As Exh. 27/A.
List of judgment produced by defendant marked as Exh. 47A today.
Following order is passed.
For the reason separately recorded.
Operative part of order.
1. The Commercial Suit No. 131 of 2019 is dismissed with costs.
2. The amount of Rs.5,55,270/- deposited in Court by the defendant as per order of Honble High Court. On 26.08.2024, be refunded to defendant with accrued interest, if any, after period of one year period is over.
Nature Of Disposal: DISMISSED
Disposal Date: 20-09-2025