Date: 21-10-2019
Business: Court is on Holiday for Election.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Harish Sakapal for plaintiff is present
Advocate Thakur for defendants is present.
Plaint.
V/P
Memorandum of address.
List of documents.
Written statement file by defendants. Copy served on plaintiff.
Adjourned for draft issues to 21.02.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Advocate Harish Sakapal for plaintiff is present.
Advocate Thakur for defendant no. 1 and 2 is present and filed draft issues.
Adjourned for framing issues to 09.03.2020.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: None for plaintiff.
Adv. for defendant present.
Adjourned for Issues to 20/3/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for framing issues to 15.04.2020.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 23.10.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: As Court is on leave
Next Purpose: HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for case management hearing to 02.02.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: None for plaintiff.
Adv. Thakur for defendant present.
Matter is adjd.to 22-02-2021 for Issues/hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Adv. Mr. Thakur for defendant present.
Exh.6- Issues framed.
Matter is adjd.to 24.02.2021 for List of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff.
Adv. Mr. Thakur for defendant present.
Issues are noted by adv. Mr. Thakur.
Plff. to submit list of witness and both side to submit came management hearing.
Matter is adjd.to 09.03.2021 for List of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendant present.
Plaintiff is failed to submit list of witness. Plaitiff to lead the evidence along with list of witness, positively on next date, in default Court may close the evidence.
Matter is adjd.to 23.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Mr. Tripathi h/f adv. Mr. Jain for plaintiff, prayed for adjd.
Adv. Mr. Thakur for defendant present.
Matter is adjd.to 16.04.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Both the parties absent when called out.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Ramesh Jain Mishra for plaintiff present and filed service affidavit t.o.r. marked as Exh. 7
Adv. Dharmendra Tiwari for defendant present.
Heard argument of both sides on the point of case management hearing.
Schedule of Trail determined after case management hearing - Exh. 8
Matter is adjd.to 01-09-2021 for filing list of witnesses.
Next Purpose: FOR___________________
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None for plaintiff.
Adv. Thakkur for defendant present and filed application for taking names of witnesses on record t.o.r. and - Allowed.
List of witnesses filed by defendant t.o.r. and marked as Exh. 9
Matter is adjd.to 09-09-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for the plaintiff.
Adv. Santosh Thakur for defendant No.1 and 2 present.
Matter is adjd.to 15.09.2021 for Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None for the plaintiff.
Adv. Mr. Thakur for the defendant present.
LO
Adv Ramesh Jain for the plaintiff present and filed list of witness t.o.r. and marked as Exh. 10
Adv Ramesh Jain submitted that the plaintiff is not feeling well and time may be granted for filing evidence affidavit.
Matter is adjd.to 29.09.2021 for Evidence affidavit of the
plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Ramesh Jain for plaintiff present and submitted that he wants some time to discuss the aspect of settlement with the parties.
Adv. Arvind Tiwari for defendants present.
Matter is adjd.to 17-11-2021 for R/E.
LO
Adv. for the defendant submitted that no settlement talks are
going on between the parties.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur for defendant present.
Matter is adjd.to 08-12-2021 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Adv. Dharmendra Tiwari h/f for Adv. Santosh Thakur for defendant present.
Both sides are directed to file statement of truth
in support of their respective pleadings and affidavit of
admission and denial of documents on the next date of
hearing.
Matter is adjd.to 03-01-2022 for filing statement of truth
and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: None for plaintiff.
Adv. Dharmendra Tiwari a/w Santosh Thakkur for defendant present.
Matter is adjd.to 24-01-2022 for filing statement of truth
and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendant present and filed statement of truth in support of Written Statement (Exh.05) t.o.r. and marked as Exh.11.
He also filed application of Admission and denial of documents t.o.r. and marked as Exh.12.
He placed on record copies of Exh.11 and 12 for the plaintiff.
Matter is adjd.to 05-02-2022 for statement of truth
admission/denial by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendant present.
Matter is adjd.to 22-02 -2022 for statement of truth and admission/
denial by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff.
Adv. Thakur for defendant present.
Last chance is given to the plaintiff for filing statement of truth and statement of admission/denial.
Matter is adjd. to 9/3/2022 for statement of truth and
admission/denial by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendant no. 1 and 2 present.
As the plaintiff has not filed statement of truth and admission denial as per direction of the Court, matter be kept for dismissal order.
Matter is adjd.to 31-03-2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment - short date be given.
Adv. Dharmendra Tiwari for defendants no. 1 and 2 present. Matter is adjd.to 08-04-2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment - short date be given as a last chance.
Adv. Dhanmendra Tiwari for defendant present
Matter is adjd.to 29-04-2022 for statement of truth and admission/denial by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendants no. 1 and 2 present LO at 12.45 pm
Adv. Ramesh Jain for plaintiff present and filed application for adjournment t.o.r. and marked as Exh. 13 - Considering the ground of sickness of the plaintiff, adjournment is granted subject to cost of Rs. 500/- payable to the defendant or his advocate.
Matter is adjd.to 30-06-2022 for filing statement of truth
and admission/denial by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Santosh Thakur for plaintiff present.
Plaintiff absent. None for plaintiff when called.
Plaintiff to failed to file statement of truth from last nine dates.
Hence matter to proceed further without statement of truth of plaintiff.
Adjd for hearing/paying cost of Rs. 500 to defendant by plaintiff to 10/08/2022
Next Purpose: HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Santosh Thakur for defendant present.
None for plaintiff when called.
Plaintiff has not paid cost to the defendant. In this case the issues are already framed. However, list of witness is not filed by both sides hence matter is adjourned for filing list of witness by plaintiff to 19/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file evidence.
Adjd for evidence to 18/10/2022
L. O at 12 noon
Adv. Santosh Thakur for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Plaintiff and his advocate are absent.
Plaintiff directed to lead evidence.
Adv. Tiwari for deft. Present.
L.O. 12.40 p.m.
Adv. Ramesh Jain for plaintiff present.
Matter adjd to 18.11.2022 R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur for defendant present.
Witness of plaintiff present.
Exh- 14 Statement of truth filed by plaintiff O- R and R.
Exh- 15 Affidavit of evidence of Nevil Uttamchand Jain filed by plaintiff t.o.r. and marked as Exh. 15 O- Rea and recorded in evidence.
Exh-16 List of documents. O- Filed.
Copy of evidence and document be served to other side.
Adjd for marking documents to 06/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: None for plaintiff.
Adv. Dharmesh Tiwari h/f Adv. Santosh Thakur for defendant is present.
case adjourned to 13-02-2023 for cross examination.
L.O. at 12.25 pm.
Adv. Ramesh Jain for plaintiff is present.
Adv. Dharmesh Tiwari a/w Adv. Santosh Thakur for defendant is present and sought time for cross examination. Granted.
case adjourned to 13-02-2023 for cross examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur for defendant present and filed draft NM alongwith affidavit. O- leave granted to register NM.
Copies served to other side.
Case is adjourned on 29.03.2023 for reply on NM
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur for defendant present and tendered registered NM 1105/23 alongwith affidavit.
Copy served to plaintiff.
Case is adjourned to 17.04.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None for plaintiff.
Adv Santosh Thakur for defendant is present.
KB L.O. at 4.15 pm.
Adv. Ramesh Jain for plaintiff is present.
Adv for defendant is present.
Plaintiff doesnt want to file NM reply but he orally objected on NM.
Heard both sides.
Case is adjourned for NM order to 20-04-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None for plaintiff.
Adv. Dharmendra Tiwari for defendants is present.
F.R.S.R. following order is passed in Notice of Motion No. 1105 of 2023-
ORDER
1. The Notice of Motion No. 1105 of 2023 is allowed in terms of prayer clause (a) and (b).
2. The defendants are permitted to file fresh admission and denial in respect of the documents filed by the plaintiff along with affidavit of examination-in-chief at Exh. 16.
3. The plaintiff is directed to pay the cost of Rs. 500/- (Rs. Five Hundred only) to the defendants as directed in order dated 29.04.2022.
4. The proceeding of Notice of Motion No. 1105 of 2023 is closed.
Case is adjourned for compliance to 06-06-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Nevil Uttam JainVs Poonam Sales Corporation
Plaintiff side absent.
Adv. Santosh Thakur present for defendant.
Parties to takes step.
Matter adjourned to 26.07.2023.
Later on at 12.51 Hrs
Adv. Ramesh Jain present for plaintiff.
He submitted that he is ready to deposit the cost,
Defendant side called, but absent.
Matter adjourned to 26.07.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Ramesh Jain present for plaintiff.
Adv. Santosh Thakur present for defendant.
Exh.17- Admission/denial filed by defendant.
Matter adjourned to15.09.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Ramesh Jai present for plaintiff.
Adv. Santosh Thakur present for plaintiff.
Exh.18 - Admission / denial filed by defendant.
Matter adjourned to 01.012.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Nevil Jain V/s Poonam Sales Corporation
Plaintiff side called, but absent.
Adv. Thakur present for defendant.
Plaintiff to take steps regarding evidence.
Case adjourned to 19.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Nevil Jain v/s Poonam Sales corp.
Plaintiff side called, but absent.
Adv. Dharmendra Tiwari present for defendant.
Issues are framed on 22.02.2021.
Plaintiff to lead evidence by next date. Else, put for dismissal order.
Suit adjourned to 06.04.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Nevil Jain V/s Poonam Sales
Adv. Ramesh Jain present for plaintiff.
Plaintiff witness Nevil Jain.
Adv. Dharmendra Tiwari present for defendant.
Exh.19
Invoice No.0058, Dt. 10.09.2014.
Exh.20
Goods consignment Note No.263, Dt. 10.09.2014.
Exh.21
Invoice No.0059, Dt. 10.09.2014.
Exh.22
Goods consignment Note No.260, Dt. 10.09.2014.
Exh.23
Invoice No.0060, Dt. 10.09.2014.
Exh.24
Invoice No.0061, Dt. 10.09.2014.
Exh.25
Goods consignment Note No.264, Dt. 10.09.2014.
Exh.26
Invoice No.0062, Dt. 10.09.2014.
Exh.27
Invoice No.0063, Dt. 10.09.2014.
Exh.28
Goods consignment Note No.261, Dt. 10.09.2014.
Exh.29
Invoice No.0064, Dt. 10.09.2014.
Exh.30
Invoice No.0081, Dt. 17.09.2014.
Exh.31
Goods consignment Note No.1552, Dt.17.09.2014
Exh.32
Invoice No.0082, Dt. 17.09.2014.
Exh.33
Invoice No.0083, Dt. 17.09.2014.
Exh.34
Invoice No.0084, Dt. 17.09.2014.
Exh.35
Invoice No.0085, Dt. 17.09.2014.
Exh.36
Goods consignment Note No.1554, Dt.17.09.2014
Exh.37
Invoice No.0090, Dt. 17.09.2014.
Exh.38
Goods consignment Note No.1962, Dt.19.09.2014
Exh.39
Invoice No.0091, Dt. 17.09.2014.
Exh.40
Invoice No.0094, Dt. 22.09.2014.
Exh.41
Goods consignment Note No.2682, Dt.23.09.2014
Exh.42
Invoice No.0095, Dt. 22.09.2014.
Exh.43
Invoice No.0096, Dt. 22.09.2014.
Exh.44
Invoice No.0103, Dt. 30.09.2014.
Exh.45
Goods consignment Note No.4325, Dt.30.09.2014
Exh.46
Invoice No.0115, Dt. 26.12.2014.
Exh.47
Goods consignment Note No.477, Dt.27.12.2014.
Exh.48
Invoice No.0118, Dt. 07.02.2015.
Exh.49
Goods consignment Note No.2798, Dt.09.02.2015.
Exh.50
Invoice No.0129, Dt. 27.03.2015.
Exh.51
Goods consignment Note No.5781, Dt.27.03.2015.
Exh.52
Certificate, Dt. 22.02.2019.
Exh.53
Ledger Account with Certificate.
Exh.54
Plaintiff Advocate\''s Letter, Dt.29.05.2018.
Exh.55
Postal receipts (2).
Exh.56
Returned envelope with acknowledgment card (2).
Further examination in chief of plaintiff witness recorded.
Suit adjourned for cross examination of plaintiff witness.
Plaintiff and defendant to remain present on next date.
On oral request of defendant, Suit adjourned to 25.04.2024.
Suit adjourned to 25.04.2024 for cross- examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Nevil Jain V/s Poonam sales Corp.
Plaintiff side called, but absent.
Adv. Dharmendra Tiwari present for defendant.
Later on at 13.04 Hrs.
Adv. Ramesh Jain present for plaintiff.
Adv. Dharmendra Tiwari and Adv. Santosh Thakur present for defendant.
Defendant representative Babulal Chaudhari present.
Plaintiff representative absent.
Defendant is seeking oral adjournment for cross-examination.
Suit adjourned to 24.07.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Plaintiff Nevil Jain present with his Adv. Ramesh Jain.
Adv. Ravindra Tiwari present for defendant.
Kept back for cross examination.
L. O. at 01.35 p.m.
Adv. Santosh Thakur for defendant present.
By consent, Suit adjourned to 05.09.2024 for Cross Examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Madhuri Shirke present for plaintiff.
Adv. Dharmendra Tiwari present for defendant.
Suit is pending for cross-examintion of plaintiff witness Nevil Jain.
Plaintiff witness Nevil Jain absent.
Suit is of 2019. Parties to expedite.
Suit adjourned to 14.10.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Madhuri Shirke present for plaintiff.
Adv. Dharmendra Tiwari present for defendant.
Exh.57- Adjournment application filed by defendant.
Not objected by plaintiff.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 28.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Madhuri Shirke present for plaintiff.
Adv. Santosh Thakur present for defendant.
Plaintiff witness Nevil Jain absent.
Suit is kept back for evidence.
Later on at 13.00 Hrs.
Adv. Madhuri Shirke present for plaintiff.
Adv. Santosh Thakur present for defendant.
Plaintiff witness Nevil Jain absent.
Suit is pending for cross-examination since 06.04.2024.
Perused roznama dt. 25.04.2024, 24.07.2024, 05.09.2024 and 14.10.2024.
It appears that both sides are taking dates as per there convenience, but still there is no progress.
Hence, Suit to proceed without cross-examination of PW1.
It is made clear that, as PW1 is absent for cross-examination, his evidence will not be considered.
Parties to take expeditious steps by next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 10.12.2024 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Nevil Uttam Jain Vs Poonam Sales Corporation
Adv. Madhuri Shirke present for plaintiff.
Plaintiff witness Nevil Jain present.
Adv. Dharmendra Tiwari present for defendant.
Exh.58- Application filed by plaintiff for recall of Order dt. 28.11.2024.
Defendant to file reply.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 20.02.2025 for reply.
Judge
Next Purpose: REPLY
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Plaintiff Nevil Jain is present.
Adv. Santosh Thakur for defendant present.
Exh.59 Affidavit in reply filed by defendant to Exh.58.
The Ld advocate for the plaintiff has not pressed the application (Exh.58) with liberty to file separate application.
O. Seen.
O-Liberty to file appropriate proceeding in accordance with law.
Application Exh.58 stands disposed off as not pressed.
Matter stands Adj for further steps on 17-03-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: None present for plaintiff.
Adv. Dharmendra Tiwari for defendant present.
Plaintiff failed to take steps.
On the oral request of the adv for the defendant to file affidavit evidence of the defendant.
Matter stands Adj for filing defendant evidence on 07-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: None present for plaintiff.
Adv. Dharmendra Tiwari for defendant present.
KB, Later on at 02.05 pm
Adv. Ramesh Jain for plaintiff present.
Adv. Dharmendra Tiwari for defendant present.
Adv for the plaintiff filed draft Notice of Motion for setting aside no cross order along with affidavit in support. TOR.
O. Leave is granted to register the same.
Matter stands Adj for reply on NM on 03-05-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Santosh Thakur for defendant present.
Exh.7 Application for extension of time to register the notice of motion.
O. Allowed as prayed.
As the Court is busy in dictating judgment matter and argument matters, matter stands Adj to 22-07-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur for defendant present.
Exh.8 Application for extension of time filed by plaintiff as plaintiff has not collected draft Notice of Motion for the purpose registration. O. Allowed.
Exh.9 Reply affidavit filed by defendant on draft NM filed by plaintiff. Copy served on plaintiff.
I have gone through draft Notice of Motion which infact is filed for setting aside no cross order dated 28.11.2024. But para no.7 of NM says that written statement could not be filed within time and plaintiff want to file written statement on record. Advocate for plaintiff submit that to rectify this mistake he will file additional affidavit
Matter stands Adj to 18-08-2025 for filing additional affidavit and awaited registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Dharmendra Tiwari for defendant present.
Advocate for plaintiff tendered the registered Notice of Motion No.4237/2025 along with affidavit in support. TOR
Advocate for plaintiff submit that permission may be granted to tender on record additional affidavit in support of Notice of Motion. Submission is accepted and time is granted.
Matter stands Adj to 19-09-2025 for filing additional affidavit and argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Dharmendra Tiwari along with Adv. Santosh Thakar for defendant present.
Exh.10 - Additional affidavit filed by plaintiff in support of NM.
Copy served on other side.
Matter stands Adj for argument on NM to 28.10.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Plaintiff - Nevil Jain is present.
Adv. Dharmendra Tiwari for defendant present.
As a last chance on oral request of advocate for defendant, time is granted to file reply to additional affidavit filed by plaintiff.
Matter stands Adj to 12-11-2025 for reply/argument on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Santosh Thakur a/w Adv. Dharmendra Tiwari for defendant present.
Kept back. Later on at 01.00 pm
Adv. Ramesh Jain for plaintiff present.
As Court is busy in dictating order in Ch/Sum No.1051/2025 and hearing argument in Chamber Summons 2049/2024, due to paucity of time so matter stands adjourned for argument on NM.
Matter adjd to 22-12-2025 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: Adv. Ramesh Jain a/w Adv. Madhuri Shirke for plaintiff present.
Adv. Dharmendra Tiwari for defendant present.
Kept back for NM argument. Later on at 01.25 pm
Same appearance for plaintiff and defendant.
Heard both parties on NM No.4237/2025.
Order on Notice of Motion No.4237/2025
Heard both Ld. Advocates and perused affidavit annexed with notice of motion and reply affidavit filed by defendant. Plaintiff moved this notice of motion with a prayer to set aside order passed by the then Presiding Officer on 28.11.2024 whereby suit proceeded without cross examination of PW-1. Ld. Advocate for plaintiff submit that opportunity may be granted to lead evidence as plaintiff already filed evidence affidavit and various documents were exhibited during further examination in chief on 06.04.2024.
Per contra, Ld. Advocate for defendant submit that there is inordinate delay on the part of plaintiff and only because of consistence absence of plaintiff order on 28.11.2024 was passed. Notice of Motion may be dismissed as it is devoid of merit.
Considering rival submission, I have gone through R and P. Plaintiff on 18.11.2022 filed evidence affidavit of Mr. Jain vide Exh.15. It was acted upon and further examination in chief was recorded on 06.04.2024 by the then Presiding Officer. Thereafter, 25.04.2024 on oral request of defendant’s advocate matter was adjourned for cross examination.
On 24.07.2024, it was adjourned by consent. On 05.09.2024, witness was absent. On 14.10.2024, again defendant an applied for an adjournment. Therefore, on 28.11.2024 the then Presiding Officer observed that
“Suit is for cross examination since 06.04.2024. Perused roznama 25.04.2024, 24.07.2024, 05.09.2024 and 14.10.2024. It appears that both sides are taking dates as per their convenience but still there is no progress. Hence, suit to proceed without cross examination of PW-1. It is made clear that as PW-1 is absent for cross examination, his evidence will not be considered”.
Above order doesn’t specifically indicate due to whose default such observation was made. As initial two sentences both parties were blamed for delay and in later part of order absence of plaintiff was underlined. However, one must keep it in mind that absence of parties would invite consequences only under Order 9 of the Code of Civil Procedure and nothing else. If both parties failed to appear when the suit is called on for hearing then Court may dismiss the suit. However, on 28.11.2024 an order within the ambit of order 9 of the Code was not passed.
As per roznama discussed in this order both parties are sailing in same boat so far as delay in trial is concern. However, one must get a fair opportunity to offer best available evidence in custody. Suit needs to be decided on merit instead of dismissing it or disposing it off otherwise. So as a fair opportunity order dated 28.11.2024 is set aside. As there was a delay on part of plaintiff that witness was not available for cross examination, so notice of motion is allowed on costs of Rs.1,000/- payable to DLSA, Mumbai on or before next date. Hence, notice of motion succeed. Therefore, following order is passed.
ORDER
1. Notice of Motion No.4237/2025 is allowed in terms of prayer clause (a).
2. Order dated 28.11.2024 is set aside with a direction that plaintiff shall pay costs of Rs.1,000/- payable to DLSA, Mumbai on or before next date.
3. On next date plaintiff shall see to it that witness shall remain present in Court to face cross examination with a direction to defendant to conduct cross examination of plaintiff’s witness without fail.
4. Notice of Motion No.4237/2025 is disposed off and shall form part of Com Suit 116/2019.
Matter stands Adj to 18-02-2026 for compliance by plaintiff and cross examination of PW-1.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: P. O. IS ON LEAVE
ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Adv. Ramesh Jain for plaintiff present.
Plaintiff Mr. Nevil Jain is present.
Adv. Dharmendra Tiwari for defendant present.
Exh.11 Pursis filed by plaintiff. Plaintiff deposited costs with DLSA, Mumbai.
Exh.12 Adjournment application filed by defendant on medical ground of advocate for defendant. O-Allowed.
Matter stands Adj to 11-06-2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Santosh Thakur h/f Adv. Dharmendra Tiwari for defendant No.1 and 2 present.
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.
Adv. Santosh Thakur a/w Adv. Dharmendra Tiwari for defendant present.
Later on at 12.50 pm
Adv. Madhuri Shirke for plaintiff present.
Plaintiff present.
Matter stands Adj to 12-08-2026 at 02.45 pm for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026
Date: 12-08-2026
Business: Matter is at 02.45 pm
Adv. Ramesh Jain for plaintiff present.
Plaintiff present.
Adv. Santosh Thakur a/w Adv. Dharmendra Tiwari for defendant present.
While perusing roznama it reveals 20.02.2025 the last affidavit in reply was marked as Exh.59, thereafter on 03.05.2025 an application was filed by plaintiff, however, instead of marking as Exh.60, it is marked as Exh.7 and thereafter the further exhibits were wrongly marked. Hence, to keep the record straight, the roznama be accordingly corrected by giving appropriate exhibits after Exh.59. The Sheristedar of this Court to comply the same.
Cross examination of Plaintiff is recorded and completed.
Exh.66 Application along with copy of application for Pre-Mediation.
Exh.67 Evidence closure pursis filed by plaintiff. O-Seen
Matter stands Adj to 10-09-2026 for defendant evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2026
Date: 10-09-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Dharmendra Tiwari for defendant present and prayed for time to file evidence affidavit. O- As suit is of the year 2019, last chance granted.
Matter stands Adj to 12-10-2026 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2026