TrustJury record updated 22 Sept 2026
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Date: 04-11-2019
Business: Adv. Amit Mehta for plaintiff present.
Exh. 1- Plaint.
Exh.2- V/p
Exh.3- Memorandum of address.
Exh. 4- List of document
Exh. 5- Affidavit of service @ original writ of summons.
Deft not claimed the postal packet. Deft absent. Suit to proceed exparte.
Adjd. to 28.01.2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff absent.
Defendant present.
Adv. Amit Mehata for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed affidavit in lieu of examination in chief. Exh-6 Order-read and recorded.
Adv. For the plff. Filed list of document. Exh-7 Order- Seen and filed
Original receipt dated 16.11.2013 at Sr.No.1 marked as Exh-8
Plaintiff\''s original Bank Account Statement from 29.05.2013 to 24.03.2014 at Sr.No.2 marked as Exh-9
Plaintiff\''s original Bank Account Statement from 24.03.2014 to 25.09.2014 at Sr.No.3 marked as Exh-10
Plaintiff\''s original Bank Account Statement from 01.10.2014 to 17.03.2015 at Sr.No.4 marke as Exh-11
Original pay-in-slip issued dated 29.03.2014 at Sr.No.5 marked as Exh-12
Original pay-in-slip issued dated 09.10.2014 at Sr.No.6 marked as Exh-13
Original pay-in-slip issued dated 06.04.2015 at Sr.No.7 marked as Exh-14
Confirmation of Accounts dated 01.04.2014 at Sr.No.8 marked as Exh-15
Matter is adjd to 14.02.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Plaintiff absent.
Defendant present.
Adv. Amit Mehata for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 11.03.2020 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Nachiket Patil for plff. Present.
Adv. Sanjay for deft. present.
Adv. For the deft. Tendered draft N/M @ affidavit in support. Order- Leave granted to register.
Adv. For the deft. Tendered register N/M No. 1071/2020 @ affidavit in support.
N/M copy given to other side.
Matter is adjd to 21.03.2020 for Reply of N/M.
Next Purpose: REPLY
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 24.06.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 13.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sanika G. Gharat for the plff. Present.
Adv. For the plff. Affidavit in reply of the plff. To the Notice of Motion filed by the deft. Seeking condonation of delay to file appearance.
Order - Seen and filed.
Matter is adjd to 10.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sanika G. for the plff. present.
Matter is adjd to 31.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Both the parties and their advocate are absent.
L.O. at. 02.46 p.m.
Adv. Mehta and Adv. Sanika Gharat for the plff present.
Matter is adjd to 16.06.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Adv.Sanika Gharat for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for hearing on NM No.1071/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv. Ms. Sanika Gharat for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.07.2021 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: As Presiding Officer is on leave, hence adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Amit Mehta for plaintiff present.
None for deft.
Heard arguments of Adv. For plaintiff on N/M No.1071/20.
Defendant and his counsel are absent.
The matter is adjd for arguments of deft. on N/M to 17.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Reuben Baker i/b. Mahimtura and Co. for plaintiff present.
Already arguments of plaintiff were heard on N/M No.1071/20. Today, deft. and his counsel are absent. Already sufficient opportunity is granted to the deft. for hearing on N/M no.1071/20. Therefore, matter be kept for orders on N/M No.1071/20.
The matter is adjd for order on N/M No.1071/20 to 21.08.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Sanika Gharat for plaintiff present. Plaintiff present.
None for defendant.
ORDER ON N/M NO.1071/20
Defendant and his counsel are absent. This N/M is pending since long. Therefore, I shall proceed to decide it on merits.
This N/M is taken out by defendant praying to condone delay of 172 days in giving appearance before the Court.
It is submitted by defendant that he came to know about suit on 26.01.2020 through common relative. He had no business relations with plaintiff. With the help of relative, he could find out the present suit claim and therefore, appeared in person before the Court on 28.01.2020. Plaintiff failed to provide copy of the plaint and other documents. Due to unavailability of documents, he could not proceed with the matter. His advocate contacted plaintiffs advocate through email and requested him for providing copies of the plaint and documents. But, plaintiffs advocate failed to provide copies of the documents. By making all these contentions, deft. submitted that there is delay of 172 days in filing appearance before the Court. He prayed to condone the same.
Plaintiff by filing reply affidavit strongly objected the N/M moved by the deft. It is submitted that deft. deliberately refused to accept the summons. Therefore, summons were returned as unclaimed. By the order dated 04.11.2019, suit proceeded ex-parte. Deft. was having ample time to appear before the Court. Present N/M is filed in order to delay hearing of the suit. Deft. has not made out a case for condonation of delay of 172 days. By making these submissions, plaintiff prayed to dismissed the N/M.
Plaintiff has filed on record service affidavit (Exh.5) on 04.11.2019. Said service affidavit shows that summons sent to the deft. were returned as unclaimed. As per the endorsements on the envelope, intimation to the addressee was given on 20.09.2019 and 23.09.2019. Thus, as per service affidavit (Exh.5), summons were not personally served to the deft. However, record shows that deft. got knowledge of the proceedings and he appeared before the Court on 28.01.2020. Deft. ought to have filed his appearance as provided in Order 37 Rule 3 sub-rule (3) of C.P.C. But, record shows that deft. failed to do so after getting knowledge of the proceedings also.
Deft. contended that he did not receive plaint and documents. As stated above, summons to the deft. were not served personally. Thus, it can be inferred that deft. did not get the copies of the plaint and documents at the time of service of summons. However, deft. at the time of his appearance before the Court on 28.01.2020 and 14.02.2020, did not raise this point.
Considering the principles of natural justice and the fact that summons to the deft. were not served personally, it would be expedient to allow the deft. for entering his appearance before the Court. At the same time, deft. is required to be saddled with costs for causing delay in hearing of the suit. In the result, following order.
ORDER
1. N/M No.1071/20 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.5,000/- payable to plaintiff till next date.
2. N/M No.1071/20 is disposed of accordingly.
The matter is adjd for compliance to 21.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Sanika Gharat for plaintiff present.
None for deft.
Deft. failed to deposit costs as per order dated 21.08.2021. Therefore, matter be kept for arguments
The matter is adjd for arguments to 20.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Amit Mehta along with Adv. Sanika Gharat i/b. Mahimtura and Co. for plaintiff present.
He prayed to refer the matter for mediation. There are elements of settlement. Hence, the matter is referred to mediation by passing separate referral order.
The matter is adjd for mediation report to 20.11.2021.
L.O. at 11.30 a.m.
Adv. Uttam Rane i/b. Adv. Sanjay Haridwar for deft. present.
Adv. Amit Mehta for plaintiff present.
Defendant\''s advocate handed over costs of Rs.5,000/- to plaintiff\''s advocate.
As defendant complied order dated 21.08.2021, his appearance as per Order 37 Rule 3 of C.P.C. is taken on record.
The matter is already adjd for mediation report to 20.11.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Sanika G. Gharat for plaintiff present.
The matter is adjd for mediation report to 09.12.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Ms.Sanika Gharat for plaintiff present.
The matter is adjd for mediation report to 23.12.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Sanika G. Gharat for plaintiff present. Plaintiff present.
Adv. Uttam Rane for deft. present. Deft. present.
The matter is adjd for awaiting mediation report to 12.01.2022.
L.O. at 04.30 pm.
Received the report from mediation department. T.O.R.
The matter is already adjd to 12.01.2022 now for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Sanika Gharat for plaintiff present.
Adv. Vikram Ahirwar i/b. Adv. Sanjay Haritwar for deft. present.
Exh.16 - Vakalatnama of Adv. Amit S. Mehta is filed on behalf of plaintiff by Adv. Gharat. T.O.R.
The matter is adjd for applying summons for judgment to 14.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Sanika Gharat for plaintiff present.
Adv. Uttam Rane for deft. present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
Copy of draft S/J is served to Adv. For deft.
The matter is adjd for reply to S/J to 24.02.2022.
Next Purpose: REPLY
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Sanika Gharat for plaintiff present.
Adv. Uttam Rane for deft. present.
Adv. For plaintiff tendered registered S/J No.62/22. T.O.R.
Adv. For deft. tendered reply affidavit to S/J. T.O.R.
Copy of reply is served to Adv. For plaintiff.
The matter is adjd for rejoinder to S/J to 03.03.2022.
Next Purpose: REJOINDER
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Sanika Gharat for plaintiff present.
Adv. Uttam Rane for deft. present.
Adv. For plaintiff tendered rejoinder to reply affidavit of S/J. T.O.R.
Copy of rejoinder is served to Adv. For deft.
The matter is adjd for hearing on S/J to 14.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Manini Bharti i/b. Adv. Amit Mehta for plaintiff present.
Deft. and his counsel are absent.
Heard arguments of Adv. For plaintiff on S/J No.62/22.
The matter is adjd for arguments of deft. on S/J to 21.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Manini Bharti i/b. Adv. Amit Mehta for plaintiff present.
Adv. Sanjay R. Haritwal for deft. present.
Adv. For deft. submits that copies of documents filed along with list (Exh.7) are not supplied to deft.
Adv. For plaintiff undertakes to serve copies of the documents filed along with list (Exh.7) to Adv. For deft. today.
The matter is adjd for hearing on S/J to 24.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Manini Bharti i/b. Adv. Amit Mehta for plaintiff present.
None for deft.
Perused the order-sheet. Already arguments of plaintiff\''s advocate on summons for judgment are heard on 14.03.2022 and matter is pending for hearing of deft. on S/J. Today, no one appeared on behalf of deft.
The matter is adjd for hearing of deft. on S/J as a last chance to 28.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Manini Bharti along with Adv. Sanika for plaintiff present.
Adv. Sanjay R. Haritwal for deft. present.
Heard arguments of Adv. For deft. on S/J No.62/22
Adv. For deft. filed written synopsis of arguments. T.O.R.
K.B.
L.O. at 03.15 pm.
Adv. Manini Bharti for plaintiff present.
Adv. Sanjay R. Haritwal for deft. present.
Heard reply arguments of Adv. For plaintiff on S/J No.62/22.
The matter is adjd for order on S/J No.62/22 to 11.04.2022.
Next Purpose: ORDER
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Manini Bharti along with Sanika Gharat for plaintiff present.
Adv. Uttam Rane for deft. present.
F.R.S.R. following order is passed below S/J No.62/22 -
ORDER
1. Defendant shall deposit a sum of Rs.25,00,000/- (Rupees Twenty Five Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant is granted leave to defend the suit and defendant shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendant.
3. There shall be no order as to costs.
4. S/J No.62/2022 is disposed of accordingly.
The matter is adjd for compliance to 21.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Vinayak Shukla along with Adv. Omkar Dalvi for plaintiff present.
None for deft.
The matter is adjd for compliance to 08.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Vinayak Shukla h/f. Adv. Amit Mehta for plaintiff present.
None for deft.
Adv. For plaintiff tendered copy of order passed by Hon\''ble High Court in writ petition No.6471/2022. T.O.R.
Hon\''ble High Court pleased to dismiss the writ petition preferred by deft. Hon\''ble High Court pleased to extend period for depositing amount provided in order dated 11.04.2022 by four weeks.
The matter is adjd for compliance to 17.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: NOB TOB.
Received letter of Hon\''ble High Court vide D.D. (W.P.) No.C1116563/2022 dated 08.07.2022 along with copy of order passed in Writ Petition No.6471/2022 dated 10.06.2022. T.O.R.
The matter is already adjd to 17.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Vinayak Shukla h/f. Adv. Amit Mehta for plaintiff present. Plaintiff present.
None for deft.
Deft. failed to deposit the amount of Rs.25 Lacs as per order of Hon\''ble High Court in Writ Petition No.6471/2022. Therefore, plaintiff is at liberty to apply for ex-parte decree.
The matter is adjd for taking steps to 05.09.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Vinayak Shukla for plaintiff present.
Adv. For plaintiff tendered draft N/M. Leave to register N/M is granted.
The matter is adjd for service of N/M to 14.09.2022.
L.O. at 11.55 am.
Plaintiff present.
The matter is already adjd for service of N/M to 14.09.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Vinayak Shukla for plaintiff present.
None for deft.
Adv. For plaintiff tendered registered N/M No.3234/22 along with service affidavit. T.O.R.
K.B.
L.O. at 03.25 pm.
Adv. Vinayak Shukla for plaintiff present.
Heard Adv. For plaintiff on N/M. He prayed to pass the decree forthwith.
ORDER BELOW N/M NO.3234/22
This N/M is taken out by plaintiff praying to pass decree for an amount of Rs.40,05,813/- along with further interest.
By order dated 11.04.2022 in S/J No.62/22, defendant was directed to deposit Rs.25,00,000/- within a period of 12 weeks. Conditional leave to defend the suit was granted to defendant upon depositing aforesaid amount. Defendant challenged order passed by this Court in S/J No.62/22 before Hon\''ble Bombay High Court by filing a Writ Petition No.6471/22. Hon\''ble Bombay High Court, by order dated 10.06.2022, pleased to dismiss said writ petition. Hon\''ble Bombay High Court pleased to extend time for depositing an amount of Rs.25,00,000/- for four weeks. However, defendant failed to deposit said amount as per order of Hon\''ble Bombay High Court. Therefore, as per order passed in S/J No.62/22 dated 11.04.2022, plaintiff is entitled for ex-parte decree. Hence, following order.
ORDER
1. Suit to proceed ex-parte.
2. No order as to costs.
3. N/M No.3234/2022 is disposed of accordingly.
Plaintiff has already filed original documents.
The matter is adjd for arguments to 19.09.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: The Court is Vacant,
Hence, matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: The court is vacant.Hence,matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Matter pertains to C.R. No. 14.
Adv. Amit Mehta for plaintiff is present.
None for defendant.
Heard ld adv for plaintiff.
Case is adjourned for exparte judgment to 15-02-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Matter pertains to C.R. No. 14.
None present.
Court is busy in dictating judgment in commercial 273/21, commercial summary 26/22, dictating order in Ch/s No. 1293/22, 236/23 and 1390/22, NM no. 4311/22 and order below Exhibits.
Case is adjourned for exparte judgment to 02-03-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Matter pertains to C.R. No. 14.
Adv. Vinayak Shukla i/b Amit Mehta for plff is present.
Court is busy in hearing in Commercial suit 681 of 22 and dictating order in NM no. 823 of 2021 and 4668 of 2022.
Case is adjourned for judgment to 09-03-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Matter pertains to C.R. No.14.
Adv. Amit Mehta for plaintiff is present.
None for defendant.
Court pronounced Judgment in open Court.
Exh.17 – Judgment
F.R.S.R. following order is passed
ORDER
1. Commercial Suit No. 363 of 2021 is decreed with costs.
2. The defendant do pay an amount of Rs.40,05,813/- (Rs. Forty Lakhs Five Thousand Eight Hundred and Thirteen Only) to the plaintiff along with interest at the rate of 12% per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this decree.
3. Defendant shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 09-03-2023Filing Number: 109163/2019 Filing Date: 19-08-2019 First Hearing Date: 04th November 2019 Decision Date: 09th March 2023 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Order Details: Ex-parte Judgement Pdf Text: 1 Judgment in Com. Suit No. 363/2021 MHCC010085742019 Lodged on : 19082019 Admitted on : 03092019 Decided on : 09.03.2023 Duration : Y M D 3 6 18 COMMERCIAL SUIT NO. 363 of 2021 Exh.17 Bharat Bhanwarlal Mehta ] Age 40 years, ] An adult Indian Inhabitant ] Occupation: Business ] having his address at 603, Astral Mansion ] Mussa Killedar Street, K.K. Marg ] Saath Rasta, Mumbai 400 011 ] PAN NO. AFGPM0418M…
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