Date: 02-01-2020
Business: Adv. Jadhav for plaintiff present.
Adv. Gaurav Sharma for defts. present.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
The Ld. Counsel for plaintiff submits that writ of summons has been served upon to the defendants. Ld. counsel for defts. submitted that writ of summons was served on 21.12.2019. He seeks time for filing written statement.
The matter is adjd for written statement to 22.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. C.G. Jadhav for plaintiff present.
Adv. Gaurav Sharma for defts. Present.
Affidavit of service filed by the plaintiff. T.O.R.
Exh.5 Written statement filed by defts.
O. - Read and recorded.
The matter is adjd for issues to 13.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: The court is busy in hearing arguments and dictating Judgment, hence for want of time, the matter is adjourned to 22.12.2020 for framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Court is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present.
The matter is adjd for framing issues to 17.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 06.10.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for plaintiff.
Adv. Gaurav Sharma for defendants is present.
Considering the nature of the suit, I am of the opinion that before framing of issues the parties should explore the possibility of settlement by ADR mode. Even otherwise the provisions of Order 10 Rule 1A of the CPC, mandates for consideration of such suits for ADR. Hence, this matter is referred to National Lok Adalat scheduled to be held on 11.12.2021. Parties to the suit are directed to attend the
Lok Adalat on 11.12.2021 at 10.00 a.m. before this Court.
Issue notices to both the parties for attending National Lok Adalat scheduled to be held on 11.12.2021 at 10.00 a.m.
Matter adjd for lok adalat on 11.12.2021.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Plaintiff and advocate for plaintiff are absent.
Adv. Deshmukh for defendant present.
Matter is already adjd to 15.02.2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present.
Issue notices to both the parties for attending national lok-adaalat scheduled to be held on 12/03/2022 at 10.00 a.m.
Matter is adjd to 12/03/2022 for Lokadaalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: None present for plaintiff.
Advocate Adesh Kondedeshmukh for defendant no.1 present.
Matter adjourned to 23.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None present.
Matter is adjd to 26/07/2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: None for plaintiff.
Adv. Gaurav Sharma for deft. present.
Matter adjd to 27/09/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present for plaintiff and defendant.
Matter adjd to 07.12.2022 for draft issues as a last chance.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: None present for plff.
Deft adv. is absent.
Deft is present.
Last chance given to the filling of draft issue.
Matter adjd to 08.02.2023 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Onam Hingorani for plaintiff is present and given an undertaking (Exh.6) to file V/P for plaintiff on next date.
Adv. Gauram Sharma for defendant is present.
Matter adjd to 21.04.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. Zubin Brahmbhatt h/f Adv. Onam Hingorani for plaintiff is present.
Adv. Gulab Yadav h/f Adv. Gaurav Sharma for defendant is present.
On oral request of both the sides matter adjourned for draft issues.
Matter adjd to 18.07.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Adv. Joytitus Suramal for plaintiff is present.
Adv. Gulab Yadav h/f Adv. Gaurav Sharma for defendant is present.
Issues framed. Exh-07.
Matter adjd to 04.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: None for plaintiff and defendant when called.
Matter adjd to 15/12/2023 for evidence of plaintiff.
L. O at 12.40 pm
Adv. Gaurav Sharma for defendant present.
Matter adjd to 15/12/2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: By Praecipe.
NOB-TOB.
Adv.Joytitusa Suramal h/f Onam Hingorani present for plaintiff.
Adv. Gourav Sharma present for defendants and he tendered copy of order dated 20-10-2023 Passed by the Honble High Court in A.O No. 401/2022 with C.A No.50/2022 with A.O. (L) No. 3052/2019 with Interim Application No.2011/2023 thereby the Honble High Court was pleased to direct this court to expedite the hearing of the matter and to make an endeavor to decide the same as expeditiously as possibly, within period of 9 months from the date of order. Parties were directed to appear today before this court. Further the plaintiff is directed to file his Affidavit of examination in chief within 6 weeks from today. Thus, in view of above direction of Hobble High Court the matter is preponed and with the consent of both the sides matter is kept on 30-11-2023.
Matter adjourned for evidence of plaintiff on 30-11-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Adv. Joytitus Suramal for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
The Ld. Adv. for plaintiff filed an application for grant of time to file affidavit of examination in chief of PW-1. TOR. Exh. 8. O- Other side to say.
KB
L.O. at 12.50 p.m
Same appearance for plaintiff and defendant.
The Ld. Adv. for defendant filed say on Exh. 8.
Heard the Ld. Adv. for plaintiff and defendant.
Order below Exh. 8
The plaintiff has filed the present application for seeking time to file affidavit of examination in chief of PW-1 on account of that the plaintiff had to rush to London to tend her mother-in-law, whose health is critical.
The defendant strongly opposed the application on the ground that the Honble High Court while deciding appeal from order no. 401/2022 and appeal from order (stamp) no. 30529/2019 along with interim application directed this court to disposed of the suit expeditiously within period of 9 months. The Honble High Court framed a schedule so as to proceed with the matter. However, the plaintiff failed to proceed with the same hence, the application may kindly be rejected.
Herein, it is to seen that vide order dated 20.10.2023 the Honble High Court directed this court to dispose of the suit within period of 9 months. The Honble High Court further in para no. 3 of its order directed to the plaintiff to file her affidavit of evidence within 6 weeks from the date of order i.e. 20.10.2023. Now from 20.10.2023 the plaintiff has to file her affidavit of examination in chief on or before 01.12.2023. The period is going to be expired on 01.12.2023. Therefore, considering this aspect the application stands allowed and matter is deferred to 01.12.2023.
Matter adjd to 01.12.2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Adv. Joytitus Suramal h/f Dnam Hongorani for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
KB
L.O. at 5.20 p.m
Same appearance for plaintiff and defendant.
PW-1 Sucheta Desmond Rodrigues is present.
The plaintiff has filed affidavit of examination in chief of PW-1. TOR. Marked as Exh. 09. O- Read and recorded.
Oath is administered to the witness.
She admitted the contents of affidavit of examination-in-chief is true and correct. It bears her signature.
The plaintiff has filed pursis. TOR Exh. 10. O- Seen.
With the consent of both the parties matter is adjourned for filing say and marking of documents.
Matter adjd to 06.01.2024 for filing say and marking of documents.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Matter pertains to CR. No. 01
Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant is present and filed pursis. Exh. 10A. TOR.
Matter adjd to 16.01.2024 for hearing on Exh. 10.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
High Court Writ received from Board Department on 16.01.2024 ( In. No. 783 dated 12.01.2024) Appeal from order No.401/22 with Civil Application No.50/2022 (for stay) along with Appeal from Order Stamp No. 30529/2019 with Interim Application No. 3511/2019. Honble High Court Justice Sandeep V. Marne, J. has passed following order on 20.10.2023.
ORDER
P.C.
1. In that view of the matter, the present Appeals are disposed of requesting the City Civil Court to expedite the hearing of L.C. Suit No. 3054 of 2018 and S. C. Suit 3262 of 2019 and to make an endeavour to decide the same as expeditiously as possible, preferably within a period of nine months from today. Both Plaintiffs and defendants shall co-operate with the City Civil Court for early disposal of the Suits without seeking any unnecessary adjournments. I am informed that the issues in both the Suits are already framed.
2. Plaintiff shall file her Affidavit of evidence before the City Civil Court within six weeks from today. Parties shall appear before the City Civil Court on 31 October 2023 and obtain further directions from the City Civil Court.
Matter adjd to 24.01.2024 for cross examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Hingorani for plaintiff is present and seek time to lead evidence. Matter is time bound. Last chance granted to plaintiff to lead evidence.
Adv. Gula Yadav h/f Adv. Gaurav Sharma for defendant no. 1 to 3 is present.
Plaintiff also filed document along with list Exh. 10B. TOR.
Matter adjd to 05.02.2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Adv. O. V. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no. 1 to 3 is present.
PW-1 is present.
L. O at 12.47 p.m
Adv. O. V. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no. 1 to 3 is present
The Ld. Adv. for defendant no. 1 to 3 made statement that there is chance of settlement between the parties. The Ld. Adv. for plaintiff is also ready to go for settlement talk. With consent matter is adjourned for settlement. The matter is time bound. Parties are directed to make positive statement on next date, on failure suit will proceed further on next date.
Matter adjd to 09.02.2024 for settlement.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Adv. Hingorani for plaintiff is present.
Adv. Ashutosh Kulkarni with Gaurav Sharma for defendant no. 1 to 3 is present.
PW-1 is present.
Matter adjd to 28.02.2024 for cross examination of PW-1 on the request of both advocates.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Adv. Joytitus Suramal and Adv. Pragati Patil for plaintiff is present.
PW-1 is present.
None present for defendant.
KB
L.O at 12.10 p.m
Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no. 1 to 3 is present.
L.O at 1.00 p.m
Adv. Hingorani for plaintiff is present.
Adv. Ashutosh Shukla a/w Gaurav Sharma for defendant no. 1 to 3 is present.
Cross examination of PW-1 is commenced and concluded.
During cross examination document at serial no. 5 of list Exh. 10B marked as Exh. 11, document at serial no. 8 i.e. email marked as Exh. 12, document is at serial no. 10 of list Exh. 10B marked as Exh. 13, email Exh. P annexed with the plaint along with letter dated 18.04.2019 marked as Exh. 14, document at serial no. 17 of list Exh. 10A marked as Exh. 15 and document of memorandum articles of associations and the bye-laws marked as Exh. 16.
The Ld. Adv. for plaintiff filed evidence closing pursis Exh. 17. TOR.
Matter adjd to 07.03.2024 for evidence of defendant.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv. Hingorani for plaintiff is present.
Plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
The Ld. Adv. for defendant seek time to lead evidence. O- Time granted with consent.
Matter adjd to 14.03.2024 for evidence of defendant.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Adv. Pragati Patil h/f Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant is present and filed evidence affidavit Exh.18. Copy served on other side.
DW-1 is present. He admits the contents of affidavit of S.A. hence read and recorded.
Matter adjd to 27.03.2024 for cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Adv. Pragati Patil h/f Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present.
DW-1 is present.
KB
L.O at 12.15 p.m
Adv. V. K. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present.
DW-1 is present.
Cross examination of DW-1 recorded in Suit No.3054/18.
Matter adjd to 05.04.2024 for cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv. Pragati Patil h/f Hingorani for plaintiff is present.
None present for defendant no.1 to 3.
KB
L.O at 1.11 p.m
Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present.
DW-1 is present.
Further cross examination of DW-1 is recorded in Suit No.3054/2018.
Matter adjd to 18.04.2024 for cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Pragati Patil for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present and filed application Exh.19 and seek time on the ground of ill health of DW-1. O- Time granted with consent. Matter is time bound. Parties are directed to co-operate for early decision of suit.
By consent matter adjd to 25.04.2024 for cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present.
DW-1 is present.
Further cross examination of DW-1 recorded in Suit No.3054/18.
Matter adjd to 30.04.2024 for cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
DW-1 is present.
Cross examination of DW-1 commenced and partly concluded.
Matter adjd to 06.05.2024 for further cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Adv. Hingorani a/w Pragati Patil for plaintiff is present.
Adv. Gaurav Sharma a/w Kaur for defendant is present.
DW-1 is present.
Further cross examination of DW-1 is commenced and partly concluded.
Matter adjd to 10.05.2024 for further cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Adv. Hingorani a/w Pragati Patil for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
DW-1 is present.
Further cross examination of DW-1 commenced and concluded.
Matter adjd to 12.06.2024 for further evidence of defendant.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Adv. Hingorani for plaintiff is present
Adv. Gaurav Sharma for defendant is present
Both advocates seeks time. Time granted.
Matter adjd to 20.06.2024 for R.E .
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv. Hingorani for plaintiff is present.
Adv. Tanay Sakarwade i/b Adv. Gaurav Sharma for defendant no.1 to 3 is present.
KB
L.O at 12.33 p.m
Adv. Hingorani for plaintiff is present.
Adv. Gaurav Sharma for defendant no.1 to 3 is present and filed evidence close pursis Exh.20. TOR.
Matter adjd to 25.06.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv. Joytitus Suramal for plaintiff is present and filed pursis Exh.21 along with compilation of documents Exh.22. TOR. Copy be served on other side.
Adv. Raveen Kaur h/f Adv. Gaurav Sharma for defendant is present.
KB
L.O at 3.30 p.m
Adv. Joytitus Suramal for plaintiff is present.
Adv. Gaurav Sharma for defendant is present and filed written argument Exh.23. TOR.
Argument of defendant is completed.
Matter adjd to 27.06.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Adv. Joytitus Suramal for plaintiff is present.
Adv. Raveen Kaur for defendant is present.
KB
L.O at 12.05 p.m
Adv. Vicky Hingorani a/w Adv. Pragati Patil and Adv. Joytitus Suramal for plaintiff is present.
Adv. Gaurav Sharma for defendant is present.
Arguments of plaintiff completed.
Matter adjd to 05.07.2024 for Judgment.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Disposed off
Nature Of Disposal: DISMISSED
Disposal Date: 05-07-2024
