Date: 30-11-2019
Business: Adv for plaintiff Mr.Amin present.
None for the defendant.
Exh 02 Adv for plaintiff filed application for extension of time for issuance of summons. O-Time extended as prayed
Matter is Adjd for Affidavit of Service to 07.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv for plaintiff Mr.Amin present.
None for the defendant.
Adv for plff requested for adjournment. O-Granted.
Matter is Adjd for Affidavit of Service to 07.02.2020.
L.O.
Adv for deft no.1,2 and 4 Mr.Ramesh Jain present.
Adv for deft no.1,2 and 4 filed VP . Keep for order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv for plaintiff Ms.Sawant present.
None for the defendant.
Adv for plff. filed Affidavit of Service with the remark that deft no.4 is served with suit summons, deft no.2 has accepted service of summons for himself and deft no.1 and with the remark that father of deft no.3 informed that deft no.3 has left the premises.
Exh 03 Adv for deft. no.1,2 and 4 have filed VP. T.O.R.
Adv for plaintiff requested to issue summons on deft no.3 through bailiff on the same address.
O-Issue summons as prayed.
Matter is Adjd for Affidavit of Service on deft no.3 and Written Statement of deft no.1,2 and 4 to 06.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Matters pertains to Court Room No.14
Adv. Ramesh Jain for defendant No.1,2 and 4 peresent.
The writ of summons is served to defendant on 27.12.2019.
Written Statement is taken on record only for consideration.
Adjd for consideration to 16.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv. Sumedh Sawant for plaintiff present.
Adv. Ramesh Jain for defendant Nos.1,2 and 4 present.
Appln. for substituted service of writ of summons upon D/3 by pasting and by paper publication filed by adv. for plaintiff t.o.r.
Joint affidavit in service of plaintiff no.2 and bailiff in support of service of writ of summons upon D/3 filed by adv. for plaintiff t.o.r.
Matter adjd to 8/4/2020 for appearance.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
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 25/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
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 19.12.2020 for affidavit of services.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 16/01/2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 17.02.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Dhaval Visawadia i/b. Nainesh Amin for plaintiff present.
Adv. Mr.Ramesh Jain for defendant nos.1, 2 and 4 present.
Adv. of plaintiff already filed written statement on 06.03.2020. It is exhibited today as Exh.6.
Issue summons as prayed for defendant No.3.
Matter adjd to 10.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Dhaval Visawadia for plaintiff present.
None present for defendant.
Matter adjd to 31.03.2021 for awaiting service report.
LO
Adv.Mr.Ramesh Jain for defendant No.1, 2 and 4 present.
Matter adjd to 31.03.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Sumedha Sawant for plaintiff present.
Adv.for defendant absent.
Adv. for plaintiff filed application for extension of returnable date of writ of summons marked as Exh.7
Time extended.
Matter adjd to 23.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adv Mr. Dhavel Visawedia i/b Adv. Nainesh for plaintiff present.
None for defendant.
Exh.8- Application for extension of time for service of summons on deft no.3.- Granted for extension of time.
Due to rise in Covid cases.
Matter is adjd to 22.07.2021 for report of service of summons (Deft. no.3).
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Adv.Dhawal Viswadia for plaintiff present. He filed affidavit of service of writ of summons in respect of defendant No.3 t.o.r.
None present for defendant.
Due to rise in Covid cases, matter adjd to 13.08.2021 for appearance of defendants.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Sumedha Sawant i/b. Adv.Nainesh Amin for plaintiff present.
None present for defendant.
KB
LO at 01.39 pm
Adv.Sumedha Sawant i/b. Adv.Nainesh Amin for plaintiff present.
Adv.Ramesh Jain for defendant Nos.1, 2 and 4 present. He undertakes to file vakalatnama for defendant No.3.
Matter adjd to 06.09.2021 for appearance and written statement of deft.No.3.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.23 pm
Adv.Ramesh Jain undertakes to file vakalatnama for defendant No.3. He submits that he is already appearing for defendant No.1, 2 and 4.
Matter adjd to 27.10.2021 for Appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
None present for defendant.
LO at 1.35 p.m.
None present.
Read the last roznama.
Matter adjd to 27.11.2021 for appearance of defendant no.3/ order against defendant no.3.
Next Purpose: FOR APPERANCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Sumedha Sawant i/b.Adv.Nainesh Amin for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the roznama dated 13.08.2021. Adv.Ramesh Jain had submitted undertaking for filing vakalatnama of defendant No.3. Since, then till today, he failed to comply with the same. Hence, the defendant No.3 has failed to appear. Suit to proceed ex-parte against defendant No.3.
Written statement, Exh.6 shall be considered for defendant No.1, 2 and 4.
Matter adjd to 17.12.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.25 pm,
Adv.Ramesh Jain for plaintiff present. He submits that he wants to file notice of motion.
Matter adjd to 21.01.2022 for admission and denial/filing of NM by deft.3
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Zulfiq Multani i/b Nainesh Amin present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for admission and denial and filing NM by defendant no. 3.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Zulfiq Multani h/f Adv. Nainesh Amin present for plaintiff.
None for defendant.
In view of SOP dated 6.1.2022, matter adjd to 02.03.2022 for admission and denial and filing of NM by defendant No.3, if any.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Zulfiq Multani i/b Nainesh N. Amin present for plaintiff.
None present for defendant.
On oral request of the plaintiff, matter is adjourned for admission and denial, as a last chance.
Matter adjd to 22.03.2022 for admission and denial/filing of NM by defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv.Nainesh Amin for plaintiff present.
None present for defendant.
KB
LO at 12.20 pm,
Adv.Nainesh Amin for plaintiff present. He filed pursis Exh.9 in respect of admission and denial t.o.r.
The plaintiff filed statement of truth t.o.r. and marked as Exh.10.
The plaintiff also tendered list of documents a/w. statement of truth. The plaintiff to verify whether these documents are produced alongwith the plaint and take necessary steps for leave to produce the documents.
Read the roznama dated 17.12.2021, 21.01.2022, 10.02.2022, 02.03.2022, the defendant No.3 has failed to take steps for setting aside ex-parte order, hence, case to proceed further as suit is already ex-parte against defendant No.3.
Matter adjd to 20.06.2022 for admission and denial by the deft.No.1,2 and 4 and steps by pltff. in respect of addl. documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Nanesh present for Plff.
Adv. Ramesh Jain present Deft.
Adv of both parties submitted to refer the matter for mediation and signed mediation referral form.
Ex.11- Mediation referred order passed.
Adj. To Mediation report on 25/07/2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Case adjourned for mediation report to 23.08.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Date: 14-09-2022
Business: Adv. Zulfiq Multani I/b Nainesh Amin and contended that mediation failed.
None Present for Deft.
Mediation report not received.
Adj. For Mediation report on 26/09/2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv.Zulfiq Multani I/b Nainesh N. Amin Present for Plff and contended that Mediation failed but report is awaited.
None Present for Deft.
Adj. For Mediation report on 18/10/2022.
LO 12.45.
Ex. 12 - Mediation report received. Mediation failed.
Adj. For Admission and denial by the deft no.1,2 and 4 and steps by plff in respect of additional documents on 18/10/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Zulfiq Multani I/b Nainesh N. Amin Present for Plff.
None Present for Deft.
Today case is for admission denial by deft no.1,2,4. However they have not filed admission and denial within 15 days as per order XI of CPC. Hence case be fixed for draft issues and case management hearing.
Adj. For Draft issues and CMS hearing on 24/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Zulfiq Multani I/b Nainesh Amin Present for Plff.
None Present for Deft.
Suit already proceeded ex-parte against Deft no.3.
WS of deft no.1,2,4 is on record at Ex.06.
Heard argument adv of plff on the point of issues.
Ex.13- Issues framed.
Adj. for hearing on issue (preliminary) No.7 :- Whether the subject matter of the suit is “Commercial Dispute” defined under Section 2(1) (c) of the Commercial Courts Act 2015 ? to 15/12/2022.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Nainesh Amin Present for Plff.
None Present for Deft.
Heard adv of plff on Preliminary issue.
Adj. For Order on Preliminary issue on 12/01/2023.
Next Purpose: ORDER
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv Sumedha Sawant h/f Nainesh Amin Present for Plff.
None Present for Deft.
Exh.14 - Order passed on Preliminary issues.
F.R.S.R. following order passed.
ORDER
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to convert and assign this suit to proper court in which the suit should have been instituted, not being a Commercial Dispute.
ii) The parties to appear before the assigned Court on 7/2/2023.
Adj. For Compliance of above order on 07/02/2023.
LO 1.00 pm.
Adv. Ramesh Jain Present for Deft.
Adj. For Compliance of above order on 07/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Zulfiq Multani i/b. Nainesh N. Amin for plaintiff present.
None for defendant.
Plaintiff present.
Matter Adjd for Evidence on 13.04.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Zulfiq Multani I/b Nainesh Amin for plaintiff present.
None present for defendant.
Representative of plaintiff present.
Time sought. Time granted.
Matter Adjd for ex-parte evidence on 17/07/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Court is Vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Adv. Bhavesh Chaudhary h/f Adv Menan for plaintiff present.
Adv Ramesh Jain for defendant present.
Matter is adjourned to 05.08.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Adv. Chetan Mhatre for plaintiff present.
Matter is adjourned to 20.01.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Adv. Rahul Prajapati h/f Adv. Nainesh Amin for plaintiff present and filed draft SJ.
Order- Leave granted to register SJ.
Plaintiff present.
Matter is adjourned to 20.03.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv. Zulfiq Multani i/b Nainesh Amin for plaintiff present and tendered register SJ No.32/25 a/w supporting affidavit and also affidavit of service. TOR.
Matter is adjourned to 22.09.2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-09-2025
Date: 22-09-2025
Business: Adv. Aditi Karanjkar h/f Adv. Nainesh Amin for plaintiff present.
None for defendant.
Matter is adjourned to 26.11.2025 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: None present.
Matter is adjourned to 23.01.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: None present.
Matter is adjourned to 25.03.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: Adv. Preeti Shukla i/b Adv. Nainesh Amin for plaintiff present through VC.
ORDER - The service affidavit of SJ along with postal receipt and tracking report reveals the defendant is duly served with SJ on 10.02.2025. However, defendant failed to file reply/leave to defend within 10 days. Hence, SJ to proceed without reply.
Matter is adjourned to 06.05.2026 for Filing original documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-05-2026
Date: 06-05-2026
Business: Plaintiff No.02 present.
Adv. Priya Amin i/b N. N. Amin and Co for plaintiff present and filed original documents along with compilation. Taken on record and marked as Exh.15 Order - Production allowed.
Matter is adjourned to 29.06.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Adv. Nainesh Amin through V.C. and Adv. Aditi Karanjkar for plaintiff in Court hall are present.
Plaintiff No.2 Mr. Shailesh Shah is present.
Adv. Ramesh Jain for defendants is present.
Adv. for defendants submits that on next date he will move a draft Notice of Motion to set aside order passed on 25.03.2026. Submission is accepted and time is granted till next date.
Matter is adjourned to 29.07.2026 for Steps by defendants as a last chance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2026
Date: 29-07-2026
Business: Adv. Priyam Amin i/b N. M. Amin and Co for plaintiff is present.
Plaintiff No.02 Mrs. Shailesh Shah is present.
Adv. Madhuri Shirke for defendant present.
Adv. for defendant filed draft Notice of Motion along with supporting affidavit taken on record. Order - Leave is granted to register Notice of Motion.
Copy is served to other side.
Matter is adjourned to 10.09.2026 for Tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-09-2026
Date: 10-09-2026
Business: Presiding officer is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-10-2026