Date: 14-10-2022
Business: Adv. Irfan Khan for plaintiff present.
Issue writ of summons to defendants.
Adjd for affidavit of service to 06/12/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Khushbu Jain h/f Adv. Sudha Dwivedi for plaintiff is present.
None for defendant.
Ld adv for plaintiff filed affidavit of service alongwith original writ of summons t.o.r. O- Seen.
Case is adjourned to 09-02-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv. Khushbu Jain for plff. Present.
None for deft.
Adv. for plff. filed affidavit of service of Writ of Summons through e-mail.
O – seen.
On the request of Ld. Adv. for plff. issue fresh writ of summons to the deft. through e-mail by Board Department.
Case is adjourned for filing affidavit of service to 16.03.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Khushbu Jain h/f Sudha Dwivedi for plaintiff present.
None for defendant
Exh.4 - affidavit of service of writ of summons filed by adv. for plaintiff alongwith original writ of summons. O Seen.
As per affidavit of service the writ of summons sent the defendant by email on registered address. The email was not bounced. It is duly served to the defendant. Defendant not tendered the appearance within ten days. Hence kept for passing exparte orders.
Case is adjourned for passing exparte order on 05.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: NOB TOB by precipe
None for plaintiff.
Adv. Uzir Seth for defendant present.
Exh.5 Precipe filed by advocate for defendant. O- allowed to taken on board
Exh.6 Vakalatnama filed by Uzir Seth for defendant. O- Defendant is directed to inform to the plaintiff that he has VP and appearance in the matter.
Case is already adjourned to 05.04.2023 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: M/s Netcore Cloud Pvt. Ltd, Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Exh.07- Adv for plaintiff filed draft summons for judgment. Copy served on other side.
Adv. Afnan Husain present for defendant.
Matter adjourned to 19.06.2023 for reply on summons for Judgement.
Next Purpose: REPLY
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: M/s Netcore Cloud Pvt. Ltd, Through Ravi Kadam Vs M/s. Bliss Inns Pvt. Ltd
Adv. Irfan Khan present for plaintiff.
Adv. Afanan Hussain present for defendant.
On request of both side matter is adjourned.
Matter adjourned to 20.07.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Defendant side called, but absent.
Plaintiff has not registered SJ dated 12.06.2023.
Plaintiff to take steps to register SJ, else put for necessary orders.
Adjourned to 24.08.2023 for SJ.
Next Purpose: FOR___________________
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khusbhu Jain present for plaintiff.
Adv. Afrin Shaikh present for defendant.
Exh.10 - Summons for Judgment No. 169/2023 filed by plaintiff.
Exh.11- Affidavit in support of Summons for Judgment.
Later on at 15.00 Hrs.
Adv. Irfan Khan present for plaintiff.
Adv. Dipti Mehta present for defendant.
Matter adjourned to 25.08.2023 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Adv. M. A. Khan and Adv. Afrin Shaikh present for defendant.
Adv. Ms. Jain submitted that, the officer of defendant Aditi Balbir who has filed reply is not in service with defendant. On that, ground they want to file application to that, effect.
Matter adjourned to 04.09.2023 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khusbhu Jain present for plaintiff.
Adv. Afrin Shaikh present for defendant.
Exh.12- Application filed by plaintiff for striking out the defense.
Parties to conclude pleading on all pending application
Matter adjourned to 06.10.2022 for reply of defendant on Exh.12.
Next Purpose: REPLY
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: M/s Netcore Cloud Pvt. Ltd, Vs M/s. Bliss Inns
Adv. Khushbu Jain present for plaintiff.
Adv. Afrin Shaikh present for defendant.
Exh.13 - Reply filed by defendant to plaintiff application at Exh.12.
Matter is not traceable.
Matter be traced out.
Matter adjourned to 08.11.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Adv. M A Khan present for defendant.
Plaintiff is seeking oral adjournment.
Defendant not objected for adjournment.
Case adjourned to 08.01.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
M/s Netcore Cloud V/s Bill Inns Pvt. Ltd
Adv. Khushboo Jain and Adv. Ranjit Agashe present for plaintiff.
Adv. Dipti Mehta present for defendant.
On oral request of both counsel matter adjourned.
Case adjourned to 24.01.2024 for Summon for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Netcore Cloud V/s Bliss Inns Pvt. Ltd.
Adv. Richa Khatu present for plaintiff.
Adv. M. A. Khan present for defendant.
Plaintiff is seeking oral adjournment.
Not objected by defendant.
Summons for Judgment is pending since 12.06.2023. Parties to take steps.
Case adjourned to 21.02.2024 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Netcore Cloud V/s Bliss Inns Pvt. Ltd
Adv. Ranjeet Agashe along with Adv. Khushboo Jain present for plaintiff.
Adv. M. A. Khan present for defendant.
Parties to file written submission regarding pending application and Summons for Judgment, by next date.
Case adjourned to 06.03.2024 fo Summons for Judgment hearing and Exh.12.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: Netcore cloud V/s Bliss Inns Pvt. ltd.
Adv. Khushboo Jain present for plaintiff.
Adv. M. A. Khan present for defendant.
As Court is on leave, Suit adjourned to 27.03.2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Netcore Cloud V/s M/s Bliss Inns
Adv. Khushboo Jain present for plaintiff.
Adv. M . A. Khan present for defendant.
Suit adjourned by consent to 24.04.2024 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: M/s Netcore Cloud Pvt. Ltd Vs M/s. Bliss Inns Pvt. Ltd
Adv. Ranjeet Agashe present for plaintiff.
Adv. M A Khan present for defendant.
Exh.14- Written arguments filed by plaintiff on SJ.
Defendant to file written submissions by next date.
Suit adjourned to 26.06.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: M/s Netcore Cloud Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Adv. Afnan Husen present for defendant.
Heard both counsels on Exh.12, which is an application preferred by plaintiff u/s 151 of CPC for striking off the defense, being without authority of law.
In said application itself, the plaintiff has also prayed that, in view of application at Exh.12, the summons for judgment be made absolute.
Defendant has object the application.
Considering the contentions raised in application at Exh.12 and summons for judgment at Exh.07, the application at Exh.12 can be considered at the time of hearing on summons for judgment,
Accordingly following order is passed.
Application at Exh.12 is filed.
Exh.15- Written submission filed by plaintiff on summons for judgment.
Exh.16- Written submission filed by defendant on summons for judgment.
Suit adjourned to 03.07.2024 for arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: M/s Netcore Cloud Vs M/s. Bliss Inns Pvt. Ltd
Adv. Amogh Dongre present for plaintiff.
On oral request of plaintiff, suit is kept back.
Later on at 12.20 Hrs.
Adv. Amogh Dongre present for plaintiff.
Adv. M. A. Khan present for defendant.
On oral request of plaintiff, suit is kept back.
Later on at 13.34 Hrs.
Adv. Khushbu Jain present for plaintiff.
Adv. M. A. Khan present for defendant.
Part arguments heard of both sides.
Suit adjourned to 24.07.2024 for arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Adv. Khushboo Jain present for plaintiff.
Adv. M. A. Khan present for defendant.
K. B.
L. O. at 01.30 p.m.
Heard both side on Summons for judgment.
For the Reasons Separately Recorded, following order is passed in SJ No.169/2023:
ORDER
1. Application at Exh. 12, is filed.
2. Summons for Judgment No. 100169 / 2023, is dismissed.
3. Unconditional Leave is granted to defendant to defend the Suit.
4. Defendant shall file its Written Statement within 30 days from the date of this Order.
5. If defendant fails to file Written Statement within stipulated 30 days, then Suit shall proceed without Written Statement. Accordingly, plaintiff will be entitled to take appropriate steps, as per rules.
6. Proceeding of Summons for Judgment No. 100169 of 2023 is closed.
7. Order pronounced in Open Court.
8. Plaintiff be informed about their right to challenge this Order and limitation for same.
9. Record of Summons for Judgment shall be part of Commercial Summary Suit No. 100438 / 2022.
Suit adjourned for filling Written Statement to 28.8.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: M/s Netcore Cloud Vs M/s. Bliss Inns Pvt. Ltd
Adv. Khushbu Jain present for plaintiff.
Adv. Afnan Husen present for defendant.
Parties to take appropriate steps as per Order dt. 24.07.2024.
Suit adjourned to 21.10.2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: M/s Netcore Cloud Vs M/s. Bliss Inns Pvt. Ltd
Adv. Amogh Dongre present for plaintiff.
Defendant side called, but absent.
Parties to take appropriate steps.
Suit adjourned to 13.01.2025 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: M/s Netcore Cloud Vs M/s. Bliss Inns Pvt. Ltd
Adv. Mann Mishra present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjournment to take appropriate steps.
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 15.04.2025 for Written Statement.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Adv. Khushboo Jain for plaintiff present.
Ld. advocate appearing for the plaintiff submitted that the defendant failed to comply order date 24.07.2024 by not filing written statement within 30 days from the date of the order. Time and again the Ld Predecessor of the Court adjourned the matter for filing WS by the defendant. The defendant failed. Hence, matter to proceed without written statement of the defendant.
Matter stands Adj to 13-08-2025 for evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: None present for plaintiff.
Plaintiff not adduced evidence and not even applied for an adjournment.. Put up for dismissal order.
Matter stands Adj to 01-10-2025 for dismissal order.
Later on at 02.45 pm
Adv. Irfan Khan for plaintiff present.
Exh.17 Application for removing the matter from caption of dismissal.
O. Allowed.
Exh.18 Adjournment application filed by plaintiff.
O. As representative of plaintiff is not keeping well. So time is granted for adducing evidence on next date without fail.
Matter adjd to 01-10-2025 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: Advocate for plaintiff absent.
Kept back. Later on at 2.50 pm
Adv. Khushboo Jain for plaintiff present.
Adv for plaintiff filed draft Chamber Summons along with affidavit in support. TOR.
Order on Draft Chamber Summons.
Heard advocate for plaintiff. Perused chamber summons, affidavit, board resolution annexed with chamber summons. Initially suit was field through senior executor of plaintiff Mr. Ravi Kadam. However, his designation is changed and because of that on the basis of board resolution 01.04.2025 plaintiff want to incorporate name of Mr. Priyesh Jain as authorized representative of plaintiff. Thus, to the extend of substitution plaintiff want to amend the plaint. Grounds are satisfactory. Proposed amendment is technical in nature. Hence, draft Chamber summons is allowed. Plaintiff is permitted to carry out amendment in the plaint within two weeks. Plaintiff shall submit copy of amended plaint on or before next date. Draft Chamber summons stands disposed off. Draft Chamber be registered for statistical purpose.
Matter stands Adj to 10-12-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Adv. Khushboo Jain for plaintiff present.
Advocate for plaintiff tendered the registered Chamber Summons No.2437/2025 (already disposed off) along with affidavit in support. TOR
Plaintiff carried out amendment.
Exh.1/1 Copy of Amended plaint filed by plaintiff.
Matter stands Adj to 31-01-2026 for filing evidence affidavit and compilation of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: Adv. Archana Shukla h/f Adv. Sudha Dwivedi for plaintiff present.
Plaintiff carried out amendment and submitted copy of amended plaint with disposed off registered chamber summons on previous date. Suit is proceeding without written statement of defendant.
Exh.19 Compilation of documents filed by plaintiff.
Advocate for plaintiff submit that plaintiff witness is differently able and today she can not file his evidence affidavit and time may be granted for that.
Submission is accepted and time is granted.
Matter stands Adj to 27-02-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2026
Date: 27-02-2026
Business: None present for plaintiff.
Matter stands Adj to 07-04-2026 for filing evidence affidavit and compilation of documents.
Later on at 12.30 pm
Adv. Khushboo Jain for plaintiff present.
Next Purpose: RECORDING EVIDENCE
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.
Adv. Khushboo Jain for plaintiff present.
A. R. of Plaintiff Mr Priyesh Jain is present.
Exh. 20 Evidence affidavit filed by plaintiff. O-Seen.
Matter stands Adj to 29-06-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Adv. Khushboo Jain for plaintiff present through VC.
Kept back for marking of documents.
Exh.21 Board Resolution dated 01.04.2025
Exh.22 Extract obtained from the Official website of Ministry of Corporate Affairs
Exh.23 Purchase order dated 16.10.2018
Exh.24 Purchase order dated 25.10.2018
Exh.25 Purchase order dated 22.08.2018
Exh.26 Confirmation email dated 17.11.2018
Exh.27 Invoice No.190801252 dated 22.1.2018
Exh.28 Purchase order dated 31.10.2018
Exh.29 Confirmation email dated 10.12.2018
Exh.30 Invoice No.190901355 dated 10.12.2018
Exh.31 Purchaser order dated 24.12.2018
Exh.32 Confirmation email dated 28.12.2018
Exh.33 Invoice No.191001750 dated 23.01.2019
Exh.34 Purchase order dated 02.12.2018
Exh.35 Confirmation email dated 02.01.2019
Exh.36 Invoice No.191000317 dated 03.01.2019
Exh.37 Purchase order dated 02.01.2019
Exh.38 Confirmation email dated 04.02.2019
Exh.39 Invoice No.191100934 dated 11.02.2019
Exh.40 (Colly) Emails exchanged between plaintiff and defendant from 03.12.2018 till 09.04.2019.
Exh.41 Email dated 12.04.2019
Exh.42 (Colly) Email communication exchanged between plaintiff and defendant from 26.04.2019 to 19.06.2019.
Exh.43 (Colly) Notice dated 19.06.2019 along wit postal receipts and tracking report.
Exh.44 Email dated 22.07.2019
Exh.45 (Colly) Notice dated 20.01.2020 along with postal receipts and tracking report.
Exh.46 Copy of reply dated 22.07.2019
Exh.47 Copy of reply dated 31.01.2020
Exh48 Legal Demand notice 22.07.2020
Exh.49 Ledger Account Statement.
Exh.50 Particulars of claim
Exh.51 Certificate under the provisions of 65-B of the Indian Evidence Act.
Matter stands Adj to 06-08-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: Adv. Khushboo Jain for plaintiff present through VC.
None present for defendant.
Kept back. Later on at 12.30 pm
Mr. Sanjay Regade- Clerk of advocate for plaintiff and filed evidence closure pursis. TOR and marked as Exh.52.
Matter stands Adj to 08-09-2026 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: Adv. Khushboo Jain for plaintiff present through VC.
None present for defendant.
O- No any written statement filed by defendants. No any evidence is led. Hence, evidence stage stands closed. Matter be kept for argument.
Matter stands Adj to 21-10-2026 for final argument
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2026