Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 26/9/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv .Ramesh Jain for plaintiff present.
Original NM 3402/19 @ Affidavit filed by plaintiff. t.o.r.
Deft present.
KB
LO 12.45 p.m.
Adv. Harish Sakpal for plaintiff present.
Adv. Hussain for deft. Present.
KB at 4.00 p.m.
LO At 4.00 p.m. Same appearance
Reply to nm filed by adv. for deft. Copy supplied to OS.
Exh. 1- Plaint
Exh.2- V/p.
Exh. 3- Memorandum of address.
Exh. 4- List of documents
Exh. 5- Written statement filed by deft.
Copy supplied to OS.
Exh. 6- Notice filed by deft to produce document.
Plff to say.
Heard arguments on nm of both sides.
During argument the adv. for deft has submitted that the documents which has been mentioned by him in his notice Exh. 6 are important which goes to the root of case.
This application is filed today. Plaintiff is required to furnish his reply. The notice of motion will be decided after decision on Exh. 6. The LD counsel for deft after consulting with the deft who is present before the court has undertaken not to dispose of the suit property or create any third party interest till the disposal of application Exh. 6. The LD counsel for deft has also shown apprehension that as the undertaking is given there might be possibility that matter will be go on lingering without any progress. In this respect the directions are given to the adv. of plaintiff and deft to co-operate with this court to dispose of application Exh. 6 within a month. Till the disposal of application Exh. 6. The undertaking given by deft will be remained in force. Adjd. to 18.10.2019 for reply of Exh.6.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Asif Hussain for deft. Present.
Today plaintiff has produced the documents. The adv. for deft. has asked permission for inspection. Permission granted. Deft\''s adv. to inspect the documents.
KB.
LO
After inspection the Ld adv. for deft has raised objection that all documents are not produced by plaintiff. The Ld. Adv for deft has emphasized that documents pertaining to sec. 24, 25 and 28 of Maharashtra Money Lending (Regulation) Act 2014 are not produced. Ld adv. for deft has prayed that suit can not proceed without those documents. At this stage when notice is given to produce document and other party has any grievance that grievance can only be recorded. The effect of non production of documents or suppression of documents by plff can be taken in to account at the appropriate stage of the suit. Therefore, notice Exh. 6 is filed. Ld counsel for deft has requested that the copies of document which are today brought for inspection be furnished to him. The documents are ledger book, receipt book, cash book which has entries of transaction pertaining to other parties also. Therefore, plaintiff to supply the copies of relevant transaction to deft. The interim order passed on 26.09.2019 to continue till next date.
Adjd. for nm hearing to 16.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. for Jain for plaintiff present.
Adv. Shrada Chorasiya for defendant present.
Earlier Interim order to continue till next date.
On the request defendant matter is adjd to 18/02/2020 for SJ reply.
Next Purpose: REPLY
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Ramesh Jain for plaintiff
Adv. Asim Hussain for defendant
Adjd for compliance of order under Exh.6 dtd.18-10-2019 regarding furnishing copies of the ledger book, receipt book, cash book regarding the relevant transaction to the defendant.
The interim undertaking given by the defendant to continue till next date.
Adjd for Compliance/Hearing of NM to 02-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Ramesh Jain for plaintiff
Adv. Asim Hussain for defendant.
Adv for plaintiff filed
Exh.7- List of documents.
Earlier order to continue.
Adjd for hearing on NM to 19-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 09/04/2020 for N/M hearing.
Earlier order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 15/10/2020 for N/M for hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 24/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 17/12/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
As early order if any continued till next date.
Adjd to 11.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff
None present for defendant.
Earlier order to continue, if any.
Matter adjd to 29.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjd to 11.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd to 18.02.2021 for NM reply and argument.
Next Purpose: REPLY
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Registered NM No.430/2021 a/w. affidavit in support of registered NM No.430/2021 filed by Adv. of plaintiff t.o.r.
Earlier Order if any to continue till 04.03.2021.
Matter adjd to 04.03.2021 for awaiting service report of NM.
Next Purpose: REPORT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None from defendant present.
Adv. Ramesh Jain for plaintiff present and seeks time to file affidavit of service of notice of motion to the defendant.
Matter adjd to 30/03/2021 for filing affidavit of service of notice of motion to the defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Affidavit of service filed by Adv. of plaintiff t.o.r.
Heard Adv.Mr.Ramesh Jain on NM No.430/21.
KB
LO
None present.
Matter adjd to 31.03.2021 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Daily Board
None present.
Matter adjd to 3.4.2021 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 07.04.2021 for argument by defendant on NM 430/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 28.04.2021 for argument by defendant on NM No.430/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 07.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 20.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 07.08.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 pm
Adv.Mr.Ramesh Jain for plaintiff present.
Heard Adv.Ramesh Jain for plaintiff on NM No.430/21. The defendant absent. No argument of defendant on NM No.430/21.
Matter adjd to 10.08.2021 for Order on NM 430/21.
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
K.B. for order on NM No.430/2021.
L.O. at 5.00 p.m.
F.R.S.R. following order is passed on Notice of Motion No.430/2021.
ORDER
1. Notice of Motion No.430 of 2021 is partly allowed.
2. The defence of the defendant is struck out for the breach of undertaking dated 26.09.2019 submitted in the present suit.
3. Notice of Motion No.430/2021 in Commercial Suit No.73/2019 is
disposed off, accordingly.
Matter is adjd to 28.08.2021 for hearing on NM No.3402/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.27 pm
Adv.Ramesh Jain for plaintiff present.
Heard the plaintiff on Notice of Motion 3402/2019. No argument of the defendant.
Matter adjd to 03.09.2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.43 pm
Adv.Ramesh Jain for plaintiff present.
F.R.S.R. the following order is passed
ORDER ON NM NO.3402/2019
1. Notice of Motion No.3402/2019 is partly allowed as follows
(a) The defendant is directed to furnish security in sum of Rs.25,00,000/- (Rupees Twenty Five Lacs) on or before next date, if he fails to furnish security, his property/properties shall be attached before judgment.
3. Notice of Motion No.3402/2019 is disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 03-09-2021