Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 11.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is adjd.to 23.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is 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: None for plaintiff and defendant.
On perusal of roznama it appear no proper steps on behalf of plff. since various dates. Hence, it is posted for dismissal.
Matter is adjd.to 24.03.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: NOB TOB
By Precipe
Adv. Mr. Prashant Gupta for plaintiff present.
None for defendant.
Exh.2- Application for taken on board.
Exh.3- Application for extension of time to serve summons.- Granted. Plff to serve the summons to the deft. r/o. 24.03.2021.
Matter is already adjd.to 24.03.2021 for writ of
summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None for both side.
Matter is adjd.to 09.07.2021 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Prathamesh Tawade for plaintiff present and filed affidavit of service t.o.r. and marked as Exh. 4
Considering contents in Exh. 4, the plaintiff is directed to take steps for service of writ of summons.
Matter is adjd.to 29-09-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Deeshank Doshi for plaintiff present.
None for defendant
Adv. for plaintiff submitted that suit was originally registered as Summary suit No. 926/2018 and he wants to follow the summary procedure.
Title clause of the plaint reveals that the suit was presented for registration as a summary suit under order 37 of the C.P.C. and it was registered accordingly, but it came to be re- registered as a commercial suit. Though the defendant has appeared in the matter, he has not filed written statement. Furthermore, no written statement order is also not passed for want of affidavit of service. Matter is at initial stage Hence, the suit can be tried by following procedure under order 37 of the C.P.C. without prejudice to either side. Adv for plaintiff is confronted with letter of Hon’ble High Court dtd. 06-09-2021 creating separate case type “Commercial Summary Suit” and he agreed to follow the procedure under order 37 of The C.P.C.
With consent of Adv. for plaintiff, the suit will be tried by following procedure under order 37 of The C.P.C.
Matter is adjd.to 29-10-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 20-11-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 15-12-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 14-02-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 10-03-2022 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None for plaintiff.
The plaintiff is directed to file affidavit of service or to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 08-04-2022 for steps/dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Ajinket Gadakh for plaintiff present and prayed for adjournment - short date be given as a last chance for steps.
Matter is adjd.to 27-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None for plaintiff.
Matter is adjd.to 28-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Matter pertains to CR NO.31.
Adv. Ms. Bhavana Babu present for plff.
Adv of plff seeks time for extension of time for writ of suit summons. - granted.
Adj. for service affidavit on 17/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: None present when called.
Service affidavit not filed by plaintiff. Plaintiff is directed to file affidavit of service on next date failing which appropriate orders will be passed.
Adjd for affidavit of service to 21/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Bhavna Enmul for plaintiff present.
Affidavit of service along with returned packet filed by plaintiff t.o.r. and marked as Exh. 5. O- Seen
Defendant is not served. Plaintiff to take steps.
Adjd for taking steps to 21/11/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Bhavna R. Enmul for plaintiff present and sought time to take steps.
Adjd for taking steps to 20/12/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: None present when called. Plaintiff is directed to take steps failing which further orders will follow.
Adjd for taking steps to 31/01/2023
L. O
Adv Bhavna Enmul for plaintiff present and tendered draft Chamber summons along with affidavit in support. O- Leave granted to register Chamber summons.
Order passed below Draft Chamber summons.
It is contended that the summons has returned unserved with the endorsement defendant has left address. She submits that defendant is deliberately avoiding service. She seeks leave to serve him through paper publication.
The affidavit of service filed on record reveals that the service attempted through bailiff has returned unserved with the endorsement address left. Thus it appears that defendant avoided service. Hence, I find it just and proper to permit the plaintiff to serve defendant through paper publication as per rule 20 of order V of CPC. Hence, the order-
ORDER
1) Draft Chamber summons is allowed.
2) Plaintiff to serve defendant by pasting and paper publication in two news papers, one English and another Marathi, having void circulation.
3) Plaintiff to file service affidavit accordingly.
4) Draft Chamber Summons disposed of accordingly.
5) Plaintiff to register draft Chamber Summons for statistical purpose forthwith.
Adjd for affidavit of service to 02/02/2023
L. O
adv. Bhavna Enmul for plaintiff present and tendered registered CS no. 2120/22 along with affidavit In support. T.O.R
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: adv. Bhavna Rajesh Enmul h/f V.R. Gupta and associate for plaintiff is present and sought time for filing affidavit of service. Time granted.
None for defendant.
Case is adjourned for affidavit of service to 10-03-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: None present.
Plaintiff directed to file affidavit of service
Case is adjourned on 18.04.2023 for affidavit of service.
LO
Adv. Bhavna Rajesh Enmul h/f V. R. Gupta and associates for plaintiff present.
Exh.6 - Adv for plaintiff affidavit of service alongwith paper cutting of two news papers. O- seen.
The writ of summons was issued to the defendant through paper publication. It was published in two news papers. The defendant is absent. Hence matter be kept for passing exparte order.
Case is adjourned on 15.04.2023 for exparte order.
Next Purpose: ORDER
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: None present.
As per affidavit of service at Exh.06 writ of summons is served to the defendant by paper publication. Plaintiff placed on record copy of paper cutting of two new papers. The writ of summons is duly served to the defendant. Defendant is absent. Hence, suit proceeded exparte against the defendant.
Case is adjourned for exparte evidence to 05-06-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Bhavana Sumul present for plaintiff Bharathan.
Suit is pending for Ex-parte evidence.
Plaintiff to lead evidence by next date.
Matter adjourned to 24.07.2023 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Plaintiff side called, but absent.
Suit is pending for Ex-parte evidence since Dt. 15.04.2023.
Plaintiff take step. Else, put for necessary order.
Matter adjourned to 08.11.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Mr. Bharathan Suresh Babu Vs Mr. Janardan G. Dandge
Adv. Bhavna Rajesh Enmul present for plaintiff.
Witness Abhijay Bhelkar present.
Exh.07 Evidence affidavit of plaintiff witness Abhijay
Exh.08 List of documents.
Plaintiff is seeking oral adjourned for further evidence.
Case adjourned to 10.01.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Bhartathan Babu V/s Janardan dange
Plaintiff side called, but absent.
Plaintiff to take steps regarding Ex-parte evidence.
Case adjourned to 15.03.2024 for Ex-parte evidence.
Later on at 12.26 Hrs.
Adv. Bhavana Enmul present for plaintiff.
Case adjourned to 15.03.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Bharathan Babu v/s Janardan Dandge
Adv. Bhavna Enmul present for plaintiff.
Plaintiff witness absent.
Exh.9 - Application filed by plaintiff for additional list of documents.
Suit is Ex-parte.
O - Exh.9 is allowed.
Exh.10 - Additional list of documents.
Suit adjourned to for 04.05.2024 for further exhibiting documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: Bharathan Suresh Babu V/s Janardan Dandge
PO is on leave.
Adv. Bhavana Enmol present for plaintiff.
Suit adjourned to 21.08.2024 for ex-pare evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Adv. Bhavna Enmul present for plaintiff.
Plaintiff witness absent.
Plaintiff to take steps regarding ex-parte evidence.
Suit adjourned to 05.11.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: Matter pertains to Court Room No.31.
Adv. Bhavna Enmul present for plaintiff.
Plaintiff representative Abhijay Bhelkar present.
Suit adjourned to 30.11.2024 for ex-parte evidence.
I/c Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-11-2024
Date: 30-11-2024
Business: Mr. Bharathan Suresh Babu Vs Mr. Janardan G. Dandge
Adv. Bhavna Rajesh Enmul present for plaintiff.
Suit adjourned to 10.01.2025 for ex-parte evidence.
I/c Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Mr. Bharathan Suresh Babu Vs Mr. Janardan G. Dandge
Matter pertains to Court Room No.31
Adv. Bhavna Enmul present for plaintiff.
Suit adjourned to 14.02.2025 for ex-parte evidence.
I/c Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: Adv. Bhavna Enmul present for plaintiff.
Plaintiff Abhijay Bhelkar present.
Exh.11- Certificate u/s 65B filed by plaintiff.
Suit is kept back at 15.00 Hrs for marking of documents.
Later on at 15.11 Hrs.
Adv. Bhavna Enmul present for plaintiff.
Plaintiff Abhijay Bhelkar present.
Plaintiff to file List of documents by mentioning each and every documents and particulars thereof.
Evidence closure pursis filed by plaintiff is taken on record subject to compliance as aforesaid and after recording further examination in chief of plaintiffs witness.
Suit adjourned to 24.03.2025 for evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Adv. Bhavna Enmul for plaintiff present.
Matter stands Adj for compliance on 22-04-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: Adv Shavana Rajesh Enmul h/f V R Gupta and associate for plaintiff present.
None present for defendant.
As the Court is busy in dictating judgment in Commercial Summary Suit No. 315/2022 and 448/2022 hence, board is discharged and matter stands adjourned.
Matter stands Adj to 21-06-2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: None present for plaintiff. List of documents has not been filed on record by plaintiff. Despite of direction dated 14.02.2025 matter is adjourned for compliance as a last chance. If compliance is not done on next date appropriate order will be passed.
Matter stands Adj to 31-07-2025 for compliance.
Later on at 02.00 pm
Adv. Bhavna Enmul h/f Adv. V. R. Gupta & Associates for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: None present for plaintiff.
Matter stands Adj to 16-09-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Mahrukh Khan for plaintiff present.
Exh.8A New List of documents tendered by plaintiff specifying each document separately. Original list of documents is already there on record vide Exh.8.
Matter stands Adj to 19-11-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: None present for plaintiff.
Plaintiff witness absent.
Matter stands Adj to 10-12-2025 for further examination in chief, marking of documents/dismissal order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Adv. Bhavna Enmul h/f Adv V. R. Gupta and Associates for plaintiff present.
Kept back. Later on at 01.20 pm
Adv. Bhavna Enmul h/f Adv V. R. Gupta and Associates for plaintiff present.
Representative of Plaintiff Mr. Abhijay Bhelkar is present.
O. Oath administered.
Exh.9
:
Copy of Balance Sheet
Exh.10
:
Copy of Confirmation of account 405
Exh.11
:
Copy of Invoice No. 0635 along with Transport Receipt.
Exh.12
:
Copy of Invoice No. 1057 along with Transport Receipt.
Exh.13
:
Copy of Invoice No.0011 along with Transport Receipt.
Exh.14
:
Copy of Invoice No.0167 along with Transport Receipt.
Exh.15
:
Copy of Invoice No.0303 along with Transport Receipt.
Exh.16
:
Copy of Invoice No.0349 along with Transport Receipt.
Exh.17
:
Copy of Invoice No.047 along with Transport Receipt.
Exh.18
:
Original Cheque No.030881
Exh.19
:
Original Cheque No.236797 along with Memo.
Exh.20
:
Original Cheque No.236796 along with Memo.
Exh.21
:
Original Cheque No.236791 along with Memo.
Exh.22
:
Original Cheque No.236792 along with Memo.
Exh.23
:
Original Cheque No.236794 along with Memo.
Exh.24
:
Original Cheque No.030878 along with Memo.
Exh.25 Colly
:
Copy of Legal Notice 11.07.2014 along with postal receipts.
Exh.26 Colly
Legal Notice dt 05.10.2018 along with postal receipt
Exh.27 Colly
Copy of Board Resolution along with Power of Attorney.
Exh.28
Particulars of Claim.
Exh.29
Copy of Ledger.
Further examination in chief is recorded.
Suit is ex-parte, hence, no cross.
Matter stands Adj to 09-02-2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: Adv. Bhavna Enmul h/f Adv. V. R. Gupta and Associates for plaintiff present
Exh.30 Evidence closure pursis filed by plaintiff.
Matter stands Adj to 24-02-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: None present for plaintiff.
None present for defendant.
Matter stands Adj to 07-04-2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 07-04-2026
Date: 07-04-2026
Business: CIS is not functional. Computer section is apprised about the same. It is informed to this Court that necessary email is sent to Main Branch.
None present for plaintiff.
None present for defendant.
Matter stands Adj to 09-06-2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: None present for plaintiff.
Matter stands Adj to 20-07-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: None present for plaintiff.
Matter stands Adj to 07-08-2026 for argument as a last chance.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: PO IS ON LEAVE
ADJD TO
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2026
Date: 31-08-2026
Business: Suit is ex-parte.
None present for plaintiff.
Later on at 01.55 pm
Adv. Prashant Gupta for plaintiff present and advanced final argument.
Matter stands Adj to 29-09-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 29-09-2026