Date: 03-01-2020
Business: Adv. Mr. Merchant for plaintiff present.
Adv. for plaintiff filed affidavit of service. t.o.r.
Adv. for plaintiff filed summons to answer plaint. t.o.r.
Adv. Viral Babar for defendant present and filed an undertaking to file vakalatnama on next date. t.o.r.
Adjd for report to 06/03/2020.
Next Purpose: REPORT
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Sanjay along with Adv. Viral Babar for defendant No. 2 filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adv. for defendant No. 2 filed vakalatnama on behalf of defendant No. 2. t.o.r. for consideration.
Adjd for report to 24/06/2020.
Later on
Adv. Mr. I. Z. Merchant along with Adv. Wasim Shaikh for plaintiff present.
Next Purpose: REPORT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: REPORT
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Ibrahim Marchant for plaintiff present.
Adv Sanjay Dhanawade for defendant present.
Today matter is for report.
Heard both sides.
F.R.S.R. following order is passed
ORDER
Draft Chamber Summons in Summary Suit no. 1044 of 2019 is allowed as under-
1. Delay in entering appearance of defendant before the Court is hereby condoned.
2. Defendant is permitted to file Vakalatnama till next date.
3. The Draft Chamber Summons be registered for statical purpose.
4. Costs in cause.
Matter adjd for taking out SJ by plaintiff to 08-02-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None for plaintiff.
Adv.Dhadam for defendant present.
The Ld. Adv.for defendant tendered disposed of registered CH/S No.283/2021.
Exh.2 The Ld. Adv.for the defendant file V/P. TOR. O- In view of order passed on 22.01.2021 in draft CH/S the V/P is seen and filed.
Matter adjd for steps by plaintiff for filing SJ on 16.04.2021.
LO at 3.32 p.m
Adv. Mechant for plaintiff is present.
Adv. Merchant filed draft SJ. O-Heard Adv.for plaintiff. Leave granted to register. Copy be served to other side. Affidavit of service be filed.
Adv. for plaintiff filed affidavit in support of SJ. O-Seen.
Matter adjd for tendering registered SJ along with affidavit on 16.04.2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: P. O. is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None for plaintiff.
Adv. Sanjay Dhadam for defendant present.
Matter adjd for tendering original registered SJ to 06-12-2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Merchant for plaintiff present.
Adv. Sanjay Dhadam for defendant present.
Ld Adv for plaintiff te3ndered original registered SJ No.19/2021.
Copy of SJ supplied to Adv. for deft today in court.
Matter Adjd for SJ Hearing on 01/02/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None present.
Matter Adjd for SJ Hearing on 13/06/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for plaintiff.
Adv. Sanjay for defendant present.
Matter Adjd for SJ Hearing on 01/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Merchant for plaintiff present.
None present for defendant.
The SJ is proceeded without reply. The SJ will be decided alongwith main suit.
Matter Adjd for plaintiff\''s evidence on 21/09/2022 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Merchant for plaintiff present.
Representative of defendant present.
Kb.
Later on at 11.57 am.
PW1 is present.
Exh.03 - Claim affidavit. O-read and recorded.
Exh.04 - List of documents. O-be filed.
PW1 has brought the original resolution and the photocopy of the same is verified.
Matter Adjd for hearing on admissibility of documents on 15/11/2022.
Next Purpose: HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Merchant. for plaintiff present.
None present for defendant.
Kb...
Later on at 11.58 am.
Adv. Sanjay for defendant present.
Heard learned advocate for plaintiff on admissibility of documents.
Order on Admissibility of documents
Exhibit No.
Serial No.
Description of document
05
01
Photocopy of resolution dt.21.08.2019
06
02
Purchase order dt 25.04.20418
07
03
Printout of email dt.25.04.2018
08
04
Certificate U/S 65 B of Indian evidence Act.
09
05
Invoice
10
06
Receipt dt.25.04.2018
11 (Colly)
07, 17, 20, 25, 28
Certificate U/S 65 B of Indian evidence Act.
12
08
Letter dt.05.07.2018
13(Colly)
09, 11, 13, 21
Letters
14(Colly)
10, 14, 15, 18, 22, 23, 26
Postal receipt and AD Card
15
12
Post office intimation
16(Colly)
16, 19, 24, 27
Printouts
Matter Adjd for cross-examination of PW1 on 19/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. I. Z. Merchant for plaintiff present.
Adv. Sanjay Dhadam for defendant present.
Representative of Plaintiff is present.
Exh.17 - List of authorities. O-Seen.
Both the parties to argue.
Matter Adjd for hearing on Exh.17 on 02/03/2023.
Next Purpose: HEARING
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: P. O. is on leave
Next Purpose: HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Bhargavi Rawal for plaintiff present.
Adv. Ganesh Ambekar for defendant no.2 and 3 present.
Ld. Adv. for plaintiff sought time.
Matter Adjd for SJ Hearing on 06/07/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: NOB TOB
Advocate Merchant for plaintiff present.
None present for defendant.
Matter Adjd for order to 06.07.2023..
Next Purpose: ORDER
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Both parties are absent when called.
Adv. Merchant for plaintiff is present.
Adv. for defendant absent.
Matter is kept for order. Argument is advance before my ld. Predecessor. Hence, parties are directed to re-argue the matter.
Matter Adjd for ex-parte argument to 13.10.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Adv Marchant for plaintiff present.
None for defendant.
Matter is adjourned to 05.08.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: P.O. is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Adv. I. Z. Merchant for plaintiff present.
Heard final argument of Adv. Merchant.
Matter is adjourned to 11.11.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: Adv. I. Z. Merchant for plaintiff present.
As Court is busy in recording evidence in Suit No.4853/12 dictating judgment in Suit No.3300/08 and order passed on Ch/s No.909/24.
Matter is adjourned to 03.12.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: Adv. I. Z. Merchant for plaintiff present through V.C.
As court is busy in dictating judgment in Suit No. 6459/04 hence adjourned.
Matter is adjourned to 05.12.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Adv. I. Z. Merchant for plaintiff present through V.C.
Court is busy in recording evidence in Suit No.4012/09 and H.C.T.B matter 188/15.
Matter is adjourned to 06.01.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: P.O is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Adv. I.Z. Merchant for plaintiff present.
Matter is adjourned to 06.02.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: Adv. I. Z. Merchant for plaintiff present.
F. R.S.R. following order is passed.
ORDER
1.The Summary Suit No.1044 of 2019 partly decreed with costs.
2.The defendant is hereby directed to pay plaintiff an amount of Rs.1,82,500/-(Rupees One Lakh Eighty Two Thousand Five Hundred only) with 12 percent p.a. from the date of filing of the suit till its realization.
3.The decree be drawn up accordingly.
4.R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 06-02-2025
