Pinnacle Industrial Controls Pvt. Ltd.VsMr. Abhijeet Mohan Kamble

Date: 09-01-2020
Business: Fresh matter assigned to this Court.
Adv. Chitrangada Singh for plff present.
Issue writ of summons to defendant and plaintiff to file service affidavit.
Matter adjd for service affidavit on 20/03/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv Kailas Dubey for defendant present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for affidavit service to 14-07-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: By Praecipe
Adv Dubey for defendant present.
Ld Adv for defendant filed praecipe t.o.r. O- Allowed to take case on today board.
Matter is for service affidavit on 22-01-2021.
Ex.02   Ld Adv for defendant filed V/N t.o.r. O- Seen and filed.
Ex.03   Ld Adv for defendant filed Written Statement t.o.r.O- R and R.
Ld Adv for defendant submits that copy of WS is received by plaintiff advocate today out of court and made endorsement about the same on first page of the WS.
Hence, matter adjourned for draft issues.
Matter already adj for draft issues to 22-01-2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Nobody present.
Exh-4 Issues framed.
Adjd for filing list of witnesses to 22/04/2021
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Court is vacant
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Adv. Ms. Chitrangada Singh for Plaintiff present and moved
Exh. 5	application seeking to correct the issues.  Heard.  Perused.
	None present for Defendant.
	F.R.S.R. on application :- The application is allowed.  The issues at Exhibit-4 are corrected
Exh. 6	She also filed application for adjournment.  O :- Allowed finally.
	Matter adj. to 23/11/2021 for filing Affidavit of Evidence.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Court is Vacant.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: COURT IS VACANT
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: COURT IS VACANT
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv Chitrangada Singh I/b Clove Legal for plff present
Adv Kailash Dubey for Defendant present
Court is busy in recording evidence.  Hence, adjd
Matter is adjd on 12.08.2022 for filing affidavit of document
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv Ms. Chitrangada Singh I/b Clove Legal for plff present
None for Defendant
PW 1 present
Adv for plff tendered evidence affidavit of PW 1 Sunil Raut t.o.r marked as Exh 7
O- R and R
Adv for plff tendered List of documents a/w documents t.o.r. marked as Exh 8
O- Defendant to file admission denials
Copies be served upon adv for defendant
Matter is adjd on 13.10.2022 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Matter called out at 11.53 am
Adv Chitrangada Singh for plff present
None for defendant
Adv for plff seeks time to file service affidavit regarding service of evidence affidavit and documents.  Granted.
Matter is adjd on 20.12.2022 for Affidavit of Service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv Chitrangada Singh for plff present and tendered affidavit of service t.o.r marked as Exh 9
Adv R.K.Tripathi for defendant present and requests time to file admission denials.  Granted as a last chance. On failure of defendant to file admission denials on next date, matter shall proceed without say of defendants.
Matter is adjd on 22.02.2023 for Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv. Sheth for plaintiff present.
None for defendant.
Defendant has not filed statement of admission and denials. Matter shall proceed without say of defendant on the documents.
Parties to make submission on exhibiting documents on next date.
Matter is adjd on 24-04-2023 for R/E.
LO
Adv. for plaintiff requests to change the date to 25/04/2023 and undertakes to intimate changed date to the advocate for defendant. Therefore date is changed to 25/04/2023 for R/E.
LO at 12.50 pm
Defendant in person present and submits that his advocate is not keeping well. Matter already adjourned to 25-04-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. for plaintiff present.
Adv. for defendant present and requests to KB matter for filing application to set aside no say order dtd. 22/02/2023.
KB on the  request of advocate for defendant.
Lo at 1.58 pm
Adv. for defendant tendered application to set aside no say order. TOR and marked as Exh. 10
Adv. for plaintiff filed handwritten say on the application.
Heard both sides.
Order on Exh. 10.
Matter is adjd on 23-06-2023 for order on Exh. 10.
Next Purpose: ORDER
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Parikshit Pania i/b Clove legal for plaintiff present.
Adv. Kaushabh Dubey for defendant present.
Exh.11 Admissions and denial of evidence filed by defendant.
TOR.
As Court is busy in final hearing of Suit 541/2022 and dictating Judgment in Suit 4752/2011. Hence, no effective hearing is taken  hence board is discharged.
Matter is adj to 1.8.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
Kept back.
Later on at 3.31pm
On perusal of record it is seen that the application Exh-10 is pending for hearing. Hence, matter is adj to 16/09/2023 for hearing on Exh-10
Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
Next Purpose: HEARING
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
Adv.Kailash Dubey for defendant present.
Heard both the sides on Exh-10
                        ORDER ON EXHIBIT-10.
       The defendant has filed say to the documents of the plaintiff which is marked as Exh-11.  There is substance in submission of Ld.Adv. for the plaintiff that unless no say order is set aside, say on Exh-11 can not be considered.  It is submission of defendant that on the date of impugning order dated 22/02/2023 his advocate due to person difficulties could not remained present hence no say order is passed.
      Considering submission of both the side and fact that defendant
has filed reply to the documents filed by the plaintiff no prejudice will caused to the plaintiff if say filed at Exh-11 is taken on record to decide the matter on merit.  However delay to file say ensue the cost.  In the result following order is passed-
                                  ORDER
1.  Application Exh-10 is allowed subject to cost of Rs.2,000/- payable to the plaintiff on or before next date.
2.   On payment of aforesaid cost say filed at Exh-11 be taken on record.
3.    Application Exh-10 is disposed off.
Matter is adj to 03/11/2023 for compliance/hearing on documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
Defendant present, his advocate absent.  He seeks time to argue on documents.  Time is granted very last chance.
Matter is adj to 10/01/2024 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Rushabh Sheth a/w Adv.Ayush Yadav i/b Clove Legal for plaintiff present.
Defendant present, his advocate absent.
Matter is adj to 26/03/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
Matter is adj to 18/04/2024 for hearing on documents.
Later on at 12.26pm
Mr.Abhijeet Mohan Kamble-Defendant present, his advocate absent.
Next Purpose: HEARING
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
Kept back
Later on at 1.34pm
Adv.Rushabh Sheth a/w Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.  He filed additional list of documents along with paragraph of plaint marked as Exhibit-12.
Defendant present, his advocate absent.
Heard Ld.Adv. for the plaintiff on documents Exhibit-8..
Heard defendant in person.
Following documents are marked as under.
Sr.No.1- Certified true copy of the Board Resolution dated 15/07/2019 marked as Exh-13
Sr.No.2- Original Appointment letter dated 10/06/2010 marked as Exh-14
Sr.No.3- Original Copy of letter date 16/05/2011 marked as Exh-15
Sr.No.4- Original Copy of letter date 15/04/2016 marked as Exh-16
Sr.No.5- Original Copy of letter date 28/04/2017 marked as Exh-17
Sr.No.6- Copy of email of 65b of Evidence Act date 01/07/2015 marked as Exh-18.
Sr.No.7- General Code of Conduct of the Plaintiff along with the singed sheet containing the signature of defendant who has signed the same after reading, understanding and confirming the contents of the General Code of Conduct marked as Exhibit-19.
Sr.No.8- Copy of email of 65b of Evidence Act date 20/09/2017 marked as Exh-20.
Sr.No.9- Office Copy of the letter date 02/06/2018 marked as             Exh-21.
Sr.No.10- Office Copy of the letter date 08/06/2018 marked as   Exh-22.
Sr.No.11- Original postal receipt date 09/06/2018 marked as         Exh-23.
Sr.No.12- Acknowledgment card provided to Clove Legal by the Department of Posts, Mumbai evidencing to the defendant having received the notice dated 8th June 2018 marked as Exhibit-24.
Sr.No.13- Bank statement of M/s S.A.Automation of Kotak Mahindra Bank for the period 01.03.2016 to 14.05.2018 marked as Exhibit-25.
Sr.No.14- Certificate u/s 65(b) of Evidence Act - Printout of 121 invoices issued by the defendant through his firm M/s S.A.Automation to various clients marked as Exh-26.
Sr.No.15- Certificate u/s 65(b) of Evidence Act - Printout of the quotations issued by the through his firm M/s S.A. Automation to various clients and table/chart of the customer of M/s S.A. Automation marked as Exh-27.
Sr.No.16- Office copy of the invoice issued in the name of the plaintiffs client, M/s Uma Electro Controls by the defendant marked as Exhibit-28.
Sr.No.17- Certificate u/s 65(b) of Evidence Act of the Whatsapp chat that took place between plaintiff to the defendant marked as Exh-29.
Sr.No.18- Bank Statement dated 07/06/2018 of the plaintiff evidencing receipt of amount of Rs.2,00,000/- in their favour marked as Exh-30.
Sr.No.19- Office copy of the letter dated 21/06/2018 marked as Exhibit-31.
Sr.No.20- Original postal receipt dated 21/06/2018 marked as Exhibit-32.
Sr.No.21- Original letter dated 22/06/2018 marked as Exh-33.
Sr.No.22- Printout of webpage of goods and services tax department, government of India containing details of M/s S.K.Control Systems marked as Exhibit-34.
Sr.No.23- Printout of webpage of goods and services tax department, government of India containing details of M/s S.A. Automation marked as Exhibit-35.
Sr.No.24- Original Incorporation certificate dated 24/03/2000 marked as Exhibit-36.
Sr.No.25-  Certificate u/s 65(b) of Evidence Act for printout of the page displaying information about plaintiff on www.mca.gov.in marked as Exhibit-37.
Sr.No.26- Office copy of the invoice dated 16/05/2018 marked as Exhibit-38.
Sr.No.27- Original invoice dated 15/05/2018 marked as Exhibit-39.
Sr.No.28- Copy of ledger account dated 01.04.2018 to 31.03.2019 marked as Exhibit-40.
Sr.No.29-Certificate u/s 65(b) of Evidence Act dated 03.08.2018 to 16.08.2018 for copy of trail email between Sunil Raut of the Plaintiff and Vijay Kalligudda of M/s Renuka Packaging Machines and Automation marked as Exhibit-41.
Sr.No.30-Certificate u/s 65(b) of Evidence Act for copy of the quote marked as Exhibit-42.
Sr.No.31-Certificate u/s 65(b) of Evidence Act for copy of email marked as Exhibit-43.
Sr.No.32-Certificate u/s 65(b) of Evidence Act for copy of two email marked as Exhibit-44.
Sr.No.33-Certificate u/s 65(b) of Evidence Act for copies of email marked as Exhibit-45.
Sr.No.34- Copy of the ledger account fo M/s S.K.Control system dated 01/04/2015 to 31/03/2016 marked as Exhibit-46.
Sr.No.35- Copy of the sales register dated 01/04/2015 to 31/03/2016 marked as Exhibit-47.
Sr.No.36- Copy of the ledger account  of M/s S.K.Control system dated 01/04/2016 to 31/03/2017 marked as Exhibit-48.
Sr.No.37- Copy of the Sales Register of the plaintiff dated 01/04/2016 to 31/03/2017 marked as Exhibit-49.
Sr.No.38- Copy of the ledger account fo M/s S.K.Control system dated 01/04/2017 to 31/03/2018 marked as Exhibit-50.
Sr.No.39- Copy of the sales register dated 01/04/2017 to 31/03/2018 marked as Exhibit-51.
Sr.No.40- Original office copy dated 20/07/2018 marked as Exh-52.
Sr.No.41- Office copy of the letter dated 24/09/2018 marked as Exh-53.
Sr.No.42- Original postal receipts dated 24/09/2018 marked as Exh-54.
Sr.No.43- Acknowledgment Card marked as Exh-55.
Sr.No.44- Office copy of the letter dated 05/09/2018 marked as Exh-56.
Sr.No.45- Office copy of the letter dated 25/09/2018 marked as Exh-57.
Sr.No.46- Original postal receipts dated 25/09/2018 marked as Exh-58.
Sr.No.47- Acknowledgment Card marked as Exh-59.
Sr.No.48- Office copy of the letter dated 24/06/2016,12/05/2017 and 10/05/2018 marked as Exh-60.
Sr.No.49-Audited Balance Sheets and Profit and Loss Accounts of plaintiff marked as Exhibit-61.
Sr.No.50- Certified true copy of FIR dated 16/09/2020 marked as Exh-62.
Sr.No.51- Copies of the forged vouchers and bills submitted by the plaintiff to Sakinaka police station marked as Exhibit-63
Sr.No.52- Bank statement of Kotak Mahindra Bank dated 03/03/2016 to 13/07/2018 marked as Exhibit-64.
Sr.No.53- Salary slips issued for salary paid by the plaintiff to the defendant marked as Exhibit-65.
Sr.No.54- Office copy of the letter dated 21/01/2019 marked as Exh-66.
Sr.No.55- Original postal receipts dated 22/01/2019 marked as Exh-67.
Sr.No.56- Acknowledgment Card marked as Exh-68.
Sr.No.57- Copies of the mobile phone bills along with the corresponding bank statements year 2016-2017 marked as Exh-69.
Sr.No.58- Copies of the mobile phone bills along with the corresponding bank statements year 2017-2018 marked as Exh-70.
Sr.No.59- Copies of the mobile phone bills along with the corresponding bank statements year 2018-2019 marked as Exh-71.
Sr.No.60- Copies of the ledger account year 2016-2017 marked as Exhibit-72.
Sr.No.61- Copies of the bank statement year 2017-2018 marked as Exhibit-73.
Sr.No.62- Copies of the ledger account year 2017-2018 marked as Exh-74.
Sr.No.63- Copies of the bank statement year 2018-2019 marked as Exh-75.
Sr.No.64- Copies of the bank statement year 2016-2017 marked as Exh-76.
Sr.No.65- Copies of the bank statement year 2017-2018 marked as Exh-77.
Sr.No.66- Copies of the bank statement year 2018-2019 marked as Exh-78.
Matter is adj to 29/06/2024 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: PO IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
Mr.Sunil Raut-Witness present.
None for defendant.
Defendant is given last chance to cross examine the witness.
Matter is adj to 11/11/2024 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.for plaintiff present.
None for defendant.
Keep Back.
Matter called out at 12.41pm
Adv.Chitrangada Singh i/b Clove Legal for plaintiff present.
Mr.Sunil Raut of PW-1 present.
Defendant in person present, his advocate absent.   He filed adjournment application marked as Exh-79.  Order-Other side to say.
Adv. for plaintiff filed say on Exh-79 itself.
Order on Exh-79- Perused the application and say filed. Heard. Considering the ground mentioned last chance granted to the defendant.
Matter is adj to 27/01/2025 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
PW-1 present.
Keep Back.
Matter called out at 12.54pm
Adv.Chitrangada Singh i/b Clove Legal for plaintiff present.
Defendant present, his advocate absent and filed adjournment application t.o.r marked as Exh-80. Order-Other side to say.
Adv. for plaintiff filed say on Exh-80 itself.
Order on Exh-80- Adjournment application allowed as a last chance subject cost of Rs.5,00/- payable to the plaintiff.
Matter is adj to 07/05/2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: PO IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2025

Date: 30-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv. Ayush Yadav for Plaintiff Present.
Adv. S. H. Singh for Defendant Present and filed Vakalatnama. TOR Marked Exh. 81. O- Seen.
PW 1 Present.
KB LO at 12.55 pm
Adv. Ayush Yadav for Plaintiff Present.
Adv. S. H. Singh for Defendant Present and filed Adjourment Application. TOR Makred Exh.82. O- Other side to say. Hand written say filed by Advocate for plaintiff on application it self. O-  Heard both side and payrused the record. Adjourment granted as a last chance considering the reasons.
Matter is adj to 03/10/2025 for cross examination PW1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Court Vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Court Vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: Court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: PO IS ON TRAINING.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present and filed application under order XVIII  Rule 4 r/w section 151 of the CPC, 1908 seeking an order that the evidence of the plaintiffs witness be treated as having been admitted and that the defendant be deemed to have waived the right of cross examination on account of repeated defaults and failure to cross examine on multiple occasions T.O.R marked as Exh-83.  Order- Other side to say.
None for defendant.
Keep back.
Second time matter called out at 12.08pm
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
None for defendant.
Matter is adj to 31/07/2026 for say on Exh-83
Next Purpose: FILING SAY
Next Hearing Date: 31-07-2026

Date: 31-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Ms.Chitrangada Singh i/b Clove Legal for plaintiff present.
Adv.Jyoti Chaurasiya for defendant present and filed vakakalatnama. T.O.R marked as Exh-84. Order- Seen and filed.
She also filed application for adjournment. T.O.R marked as Exh-85.  Order-Other side to say.
Adv. for plaintiff has taken strong objection on adjournment application.  On perusal of roznama it appears that the present matter is fixed for cross examination since 2024.   In the interest of justice the application of the defendant is allowed and last chance is granted to proceed with the matter.
Matter is adj to 30/09/2026 for cross examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2026

Registration Number: 103327/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 109207/2019
Filing Date: 20-08-2019
First Hearing Date: 09th January 2020
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE