Date: 03-01-2020
Business: Adv. Ms. Lavina Kripalani for plaintiff present.
Adv. Nilesh Parte I/b S. B. Prabhavalkar for defendant present.
Adv. for plaintiff stated that the defendants are served on 18/11/2019 therefore the vakalatnama of defendant filed on 27/11/2019 at Exh- 2 is taken on record.
Adjd for Summons for judgment hearing to 09/03/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: adjd to 28.04.2020.
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: National lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
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: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Adv. Kripalani for the plff. present.
Adv. for plfff filed affidavit in rejoinder to S/J. t.o.r.
The record shows that S/J is not registered though was tendered on 09/03/2020 and leave was granted to register it.
Adv. Kripalani for Plaintiff stated that respondent has filed affidavit in reply to S/J.
The leave is granted to register S/J unless the S/J is registered,
the pleadings in the S/J and reply by deft. as well as whatever documents are being filed can not be gone through.
Therefore Plaintiff to register S/J so that the S/J will be heard and decided.
Adv. for Plaintiff took undertaking the she will serve the copy of the affidavit in rejoinder to S/J filed by Plaintiff to the deft.
The Plaintiff to file the report of service of affidavit of rejoinder to the deft.
Adjd. to 15/01/2021 for S/J hearing.
L.O.
On perusal of record, the copy of affidavit of S/J is only on record. In which the order to register in passed.
Adv. for Plaintiff appeared before the court and stated that there is only affidavit in support of summons for judgment.
The prayer relief of S/J is not on record.
She further stated that she took out the print out and now she want to file said copy for its registration.
Adv. for Plaintiff to file application to that respect.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: BY PRECIPE O- Allowed
Adv. Ms. Lavina Kripalani for plaintiff present.
Adv. for plaintiff filed application to file fresh summons for judgment in order to complete records/pleadings. O- Heard advocate for plaintiff. The prayer clause of Summons for judgment is not in the file. Considering the reason shown allowed to file it. The defendant has filed reply to Summons for judgment so no prejudice will cause to it. The summons for judgment be taken on record.
Copy of Summons for Judgment showing prayer clause be served to the defendant.
Already adjd to 15/01/2021.
L.O at 4.20 pm
Registered Summons for judgment No. 58/2020 is tendered by Adv. for plaintiff. t.o.r.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Lavina Kripalani for plaintiff present. None for defendant.
Today matter is for SJ hearing.
I have heard part argument of plaintiff advocate. She submits she would make further argument on next date and file some judgement. She also states copy of affidavit in rejoinder of the plaintiff is served to the defendant advocate and she would file service affidavit on next date.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for SJ hearing to 09-02-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Lavina Kripalani for plaintiff is present.
None for defendant.
KB LO at 2.50 p.m.
Adv. S.B.Prabhavalkar for defendant is present.
LO at 5.11 p.m.
By Consent.
Matter adjd for SJ hearing on 09.03.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. S.P. Prabhavalkar a/w A.P. Subnis for defendant present.
Court is busy in dictating judgement in Summary suit no. 1306 of 2017, 926 of 19, 934 of 19, 937 of 19 and dictating order in NM no. 4548 of 2019 in Summary suit no. 944 of 2019.
Hence, by consent matter adjd for SJ hearing to 09-06-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13-07-2021 for summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-08-2021
Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None for plaintiff.
Adv. N.S. Parte for deft. present.
The matter is adjd for hearing on S/J to 21.09.2021.
L.O. at 03.45 pm.
Adv. Kripalani for plaintiff present.
The matter is already adjd for hearing on S/J to 21.09.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-09-2021
Date: 26-08-2021
Business: None for plaintiff.
Adv. N.S. Parte for deft. present.
The matter is adjd for hearing on S/J to 21.09.2021.
L.O. at 03.45 pm.
Adv. Kripalani for plaintiff present.
The matter is already adjd for hearing on S/J to 21.09.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. A.P. Sabnis i/b. Adv. S.B. Prabhavalkar for deft. present.
Adv. For deft. tendered registered N/M no.2025/21 along with affidavit. T.O.R.
Adv. For deft. is directed to serve copy of N/M and affidavit to plaintiff.
The matter is adjd for reply to N/M and hearing on S/J to 21.10.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-10-2021
Date: 21-09-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. A.P. Sabnis i/b. Adv. S.B. Prabhavalkar for deft. present.
Adv. For deft. tendered registered N/M no.2025/21 along with affidavit. T.O.R.
Adv. For deft. is directed to serve copy of N/M and affidavit to plaintiff.
The matter is adjd for reply to N/M and hearing on S/J to 21.10.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. For plaintiff filed say on N/M.
Heard Adv. For plaintiff on N/M.
K.B.
L.O. at 03.05 pm.
Adv. Sabnis h/f. Adv. Prabhawalkar for deft. present.
Heard Adv. For deft. on N/M.
ORDER ON N/M NO.2025/21
This N/M is taken out by deft. praying to condone delay of 22 days in filing reply to summons for judgment.
Ld. Counsel appearing for plaintiff fairly submitted that she has no objection for condonation of delay of 22 days in filing reply to S/J.
In view of submissions advanced on behalf of plaintiff, following order is passed.
ORDER
1. N/M No.2025/21 is made absolute in terms of prayer clause (a).
2. Reply to S/J filed by defendant on 09.03.2020 is taken on record.
3. N/M No.2025/21 is disposed of accordingly.
The matter is adjd for hearing on S/J to 22.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. S.B. Prabhavalkar for deft. present.
Heard arguments of Adv. For plaintiff and Adv. For deft. on S/J No.58/20.
Ld. counsel for plaintiff submits that she would like to file written submissions and case laws and she sought time for that. Time for filing written submissions is granted.
The matter is adjd for filing written submissions to 03.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Lavina Kripalani for plaintiff present.
None for deft.
Exh.3 - Written submissions of plaintiff. T.O.R.
Already arguments on S/J heard on 22.11.2021
The matter is adjd for order on S/J No.58/20 to 10.12.2021.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sabnis for deft. present.
F.R.S.R. following order is passed below S/J No.58/20 -
ORDER
1. Summons for Judgment No.58 of 2020 is dismissed.
2. Unconditional leave to defend the suit is granted to defendant.
3. Defendant shall file it\''s Written Statement within 30 days from today.
4. No order as to costs.
5. Summons for Judgment No.58 of 2020 is disposed of accordingly.
The matter is adjd for written statement to 10.01.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: CORAM H.H.J. SHRI. R.R. BHAGWAT (C.R. NO.31)
(Matter pertains to C.R. NO.14)
Adv. Lavina Kripalani for plaintiff present and received copy of Exh.4 written statement.
Adv. Sukruta a. Chimalker for defendant present and filed written statement t.o.r. and marked as Exh.4.
Matter is adjd. to 07-02-2022 for filing statement of truth and admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today''s board.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today\''s board.
Adv. N. S. Parte for deft. present.
K.B. - Later on at 2.30 p.m.
None for plaintiff.
In view of office order no. 22 of 2022, dated 28.01.2022,
the matter is adjd for admission denial to 21.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Lavina Kripalani for plaintiff present.
K.B.
L.O. at 11.45 am.
Adv. N.S. Parte for deft. present.
Exh.5 - Adv. For deft. tendered statement of truth. T.O.R.
Adv. For deft. tendered draft Ch/sum. Leave to register Ch/sum is granted.
K.B.
L.O. at 12.25 pm.
Adv. Lavina Kripalani for plaintiff present.
Adv. N.S. Parte for deft. present.
Copies of statement of truth and draft Ch/sum are supplied to Adv. For plaintiff.
The matter is adjd for Ch/sum reply to 07.04.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Karan Jain for deft. present.
Adv. For plaintiff tendered reply to draft Ch/sum. T.O.R.
Adv. For plaintiff is directed to serve copy of reply to Adv. For deft. in advance.
Adv. For deft. is directed to get registered the Ch/sum.
The matter is adjd for Ch/sum hearing to 28.04.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. S.B. Prabhavalkar for deft. present.
Adv. For deft. tendered registered Ch/sum No.616/22. T.O.R.
Adv. For deft. submits that deft. wants to file rejoinder to plaintiff\''s reply to Ch/sum. Adv. For plaintiff objected defendant\''s prayer on the ground that there is no provision for filing Ch/sum in Commercial Court and deft. cannot be permitted to file rejoinder.
Considered the submissions advanced on behalf of both sides. Deft. has already filed Ch/sum. Leave to register Ch/sum is already granted. Plaintiff has filed reply to Ch/sum. Deft. wants to file rejoinder to reply. Considering the principles of natural justice, it would be expedient to allow deft. to file rejoinder to plaintiff\''s reply. Therefore, the matter is adjourned for filing rejoinder to reply.
The matter is adjd for filing rejoinder to Ch/sum to 07.06.2022.
Next Purpose: REJOINDER
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sukruta A. Chimalker h/f. Adv. Prabhavalkar for deft. present.
Adv. For deft. tendered rejoinder to Ch/sum No.616/22. T.O.R.
Copy thereof is served to Adv. For plaintiff.
The matter is adjd for hearing on Ch/sum to 27.06.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sukruta Chimalker h/f. Adv. Prabhavalkar for deft. present.
Adv. For plaintiff tendered written arguments on Ch/sum. T.O.R.
Copy thereof is served to Adv. For deft.
The matter is adjd for hearing on Ch/sum to 05.07.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sukruta A. Chimalker h/f. Adv. S.B. Prabhavalkar for deft. present.
Heard arguments of both sides on Ch/sum No.616/22.
The matter is adjd for order on Ch/sum No.616/22 to 12.07.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Parte for deft. present.
F.R.S.R. following order is passed below Ch/sum No.616/22 -
ORDER
1. Chamber Summons No.616 of 2022 is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2,000/- (Rupees Two Thousand only) payable to plaintiff on or before next date.
2. On payment of costs within stipulated period, defendant is permitted to annex documents to written statement as per schedule provided in chamber summons.
3. Chamber Summons No.616 of 2022 is disposed of accordingly.
After passing of this order, Adv. For plaintiff tendered written submissions. T.O.R.
Copy thereof is supplied to Adv. For deft.
The matter is adjd for compliance to 29.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sukruta A. Chimalker h/f. Adv. S.B. Prabhavalkar for deft. present.
Exh.6 - Adv. For deft. filed application for extension of time, permission to deposit costs of Rs.2,000/- and permission to file typed copy of Exh.F.
O. - Ld. Counsel for plaintiff submits that previously, it was pointed out on behalf of plaintiff that copies filed along with written statement are not legible and that aspect is denied by defendant bank.
As per order dated 12.07.2022, defendant is permitted to annex documents to written statement as per schedule provided in Ch/sum subject to payment of costs of Rs.2,000/- payable to plaintiff. Deft. wants to deposit costs of Rs.2,000/- in compliance of order dated 12.07.2022. Therefore, defendant is permitted to deposit costs of Rs.2,000/-. Nazir to accept costs of Rs.2,000/- as per order dated 12.07.2022.
As per order dated 12.07.2022, defendant is permitted to annex documents to written statement as per schedule provided in Ch/sum. Defendant sought permission for annexing typed copy of documents as those documents are not clear and legible. If typed copies of the documents proposed to be filed, as per order dated 12.07.2022 are filed, it will be convenient to Court and both the parties. Therefore, defendant is permitted to file typed copy of the documents to written statement as per schedule provided in Ch/sum in compliance of order dated 12.07.2022. One week time is granted to defendant for compliance of order dated 12.07.2022.
The matter is adjd for compliance to 05.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Sukruta Chimalker for deft. present.
Adv. For deft. submits that order passed in Ch/sum No.616/22 dated 12.07.2022 is complied.
The matter is adjd for filing affidavit of admission and denial to 25.08.2022.
L.O. at 11.40 pm.
Adv. Lavina Kripalani for plaintiff present.
Exh.7 - Adv. For plaintiff filed application seeking permission to withdraw costs.
O. - Nazir to pay costs of Rs.2,000/- to the applicant.
The matter is already adjd for filing affidavit of admission and denial to 25.08.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Lavina Kripalani for plaintiff present.
Exh.8 - Adv. For plaintiff tendered application under Order 11 Rule 1(7)(b) of C.P.C.
O. - Other side to say.
The matter is adjd for say on Exh.8 to 15.09.2022.
L.O. at 11.30 am.
Adv. Chimalker for deft. present.
Copy of application (Exh.8) is supplied to Adv. For deft.
The matter is already adjd for say on Exh.8 to 15.09.2022.
Next Purpose: REPLY
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: P.O. is on half day leave. (First Session)
The matter is adjd for say on Exh.8 to 29.09.2022.
Next Purpose: REPLY
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
(Matter pertains to Court No.14.)
Adv. Lavinea Krupalani Present for Plff.
Adv. Chimalkar Present for Deft.
Ex.09. - Adv of deft has filed say on Ex.08.
Otherside has received copy of Say.
Adj. For Hearing on Ex.08 on 14/10/2022.
Next Purpose: HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to court room no. 14
Adv. Lavina Kirpalani for plaintiff present.
Adv. Chimalkar for defendant present.
Adv. for plaintiff tendered affidavit in rejoinder to Exh.8 t.o.r. and marked as Exh. 10. O- R and R.
copy is served on other side.
Adjd for hearing on Exh.8 to 14/11/2022
Next Purpose: HEARING
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: As court is vacant.
Next Purpose: HEARING
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: The Court is Vacant.
Hence Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: None present for plaintiff.
Adv. Parte a/w Adv. Chimankar I/b Prabhavalkar for defendant present.
Matter Adjd for hearing on Exh.08 on 04/05/2023.
Next Purpose: HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: HEARING
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: P.O. IS ON LEAVE
Next Purpose: HEARING
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: P.O.is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Both the parties are absent when called.
Adv. Kripalani for plaintiff is present.
Adv. Patil for defendant is present.
Advocate for the plaintiff field application to withdraw the cost. TOR and marked at Exh.11.
O.- Cause report from PLA section.
Matter Adjd for report to 27.09.2023.
Next Purpose: REPORT
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Matter received under transfer from Court Room No.13
Chatur Kripalani Vs The Saraswat Co operative Bank
All called, but absent.
Matter adjourned to 30.10.2023 for appearance.
Later on at 12.26 Hrs.
Plaintiff side called, but absent.
Adv. Sukruta Chimalkar present for defendant.
Exh.12 - Report of Accounts Department.
Matter adjourned to 30.10.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Chatur Kripalani V/s Saraswat Bank
Parties called, but absent.
Parties to take steps.
Case adjourned to 06.12.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Chatur Tahilram Kripalani V/s The Saraswat Co-operative Bank
None for plaintiff.
Adv. Sukruta Chimalkar present for defendant.
Perusal shows that, the plaintiff has filed application at Exh. 8 on 25.08.2022 under Order 11 Rule 1 of CPC.
Perusal further shows that, the defendant has filed reply at Exh. 9 on 29.09.2022. Since then, the application at Exh. 8 is pending for arguments.
Parties to argue on pending application by next date without fail.
Case adjourned to 16.02.2024 for argument on pending applications
LO at 15.00 hours.
Adv. Lavina Kripalani present for plaintiff.
She submitted for preponing of date on the ground that the plaintiff is aged 80 years.
Plaintiff to take appropriate step.
Case adjourned to 16.02.2024 for argument on pending applications
Next Purpose: HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Not on board, taken on Todays board.
Adv. Lavina Kriplani present for plaintiff.
Adv. Kariplani submitted that her father is aged 80 years and hence, suit needs to be tried expeditiously.
Exh.13 - Application filed by plaintiff stating that, she had issued notice to the bank.
Exh.14 - Application filed by plaintiff for preponing of date from 16.02.2024 to 09.01.2024.
Order- issue notice to the other sides.
Case already adjourned to 09.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chatur Kripalani V/s Saraswat C-operative Bank
Regular date is 16.02.2024.
On 11.12.2023, the plaintiff took the Suit on board and filed application at Exh.14 for preponing of date from 16.02.2024 to 09.01.2024.
Today, Adv. Lavina Kriplani present for plaintiff.
Jay Tayshete, representative of defendant Bank, present.
He is seeking oral adjournment for engagement of new counsel.
On oral request of both counsel, Suit is adjourned to 23.01.2024.
Parties to expedite.
Case adjourned to 23.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chatur Kripalani V/s Saraswat Bank
Adv. Lavina Kripalani present for plaintiff.
Defendant side called, but absent.
Exh.8 is pending since, 25.08.2022.
Parties to conclude the argument on Exh.8 by next date without fail. Else, put for necessary Order.
Case adjourned to 16.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Adv. Lavina Kriplani present for plaintiff.
Adv. P. Banerji present for defendant.
Exh.15 - V/p filed by defendant.
Exh.8 is pending since 25.08.2022 for arguments of parties.
Parties to argue. Else, put for necessary order.
Suit adjourned to 23.02.2024 for arguments on Exh.8.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Chatur Kripalani V/s The Saraswat Bank
Adv. Lavina Kripalani present for plaintiff.
Defendant representative Jay Tayshete present. His counsel absent.
Later on at 16.00 Hrs.
Adv. Lavina Kripalani present for plaintiff.
Adv. P. Banerjee present for defendant.
Defendant representative Jay Tayshete present.
The dispute is pending since, 22.10.2019.
Application at Exh.8 is pending since, 25.08.2022.
Parties to attempt settlement, in accordance with the Rules and guidelines framed for Banking Sector.
On oral request of both counsels, Suit adjourned to 04.03.2024.
Suit adjourned to 04.03.2024 at 15.00 hrs for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Chatur Kriplani V/s Saraswat Bank
Adv. Lavina Kriplani present for plaintiff.
Adv.P. Banerji present for defendant.
Both submitted that, both are willing to explore the possibility of settlement.
Suit be refereed for Mediation.
Suit adjourned to 27.03.2024 at 15.00 hrs for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Chatur Kripalani V/s The Saraswat Bank
Adv. Lavina Kripalani present for plaintiff.
Adv. P. Banerjee present for defendant
Suit adjourned to 12.04.2024 at 15.00 hrs for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Chatur Kriplani V/s The Saraswat Bank
All called, but absent.
Later on at 15.01 Hrs.
Adv. Lavina Kriplani present for plaintiff.
Adv. P . Banerji present for defendant.
Defendant submitted that, mediation is going on between the parties and it is schedule on 16.04.2024.
Suit adjourned to 03.05.2024 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Chatur Kripalani V/s The Sarswat Bank
PO is on leave
Adv. Lavina Kriplani present for plaintiff.
Adv. P. Banerjee present for defendant.
Suit adjourned to 11.06.2024 for steps.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Chatur Kripalani V/s The Saraswat Coperative Bank
Plaintiff side called, but absent.
Adv. P. Banerjee present for defendant.
Exh.16 - Mediation Letter of Learned coordinator.
Exh.17- Mediation report of Honble Judge Mediator stating that, the Mediation has failed.
Suit is kept back.
Later on at 13.27 Hrs.
Adv. Abhishek Bahaduri present for plaintiff.
Adv. P. Banerjee present for defendant.
On oral request of both counsels, Suit is adjourned to 03.07.2024 at 11.00 hrs.
Suit adjourned to 03.07.2024 at 11.00 hrs for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Chatur Tahilram Kripalani Vs The Saraswat Co
Adv. Lavina Kripalani present for plaintiff.
Adv. P. Banerjee present for defendant.
Suit is kept back for arguments.
Later on at 12.44 Hrs.
Adv. Lavina Kripalani present for plaintiff.
Adv. P. Banerjee present for defendant.
Plaintiff submitted that, the mediation failed because the bank did not appeared with its authorized person, having power to take the decision.
Defendant submitted that, authorized representative of the bank was present during the mediation.
It appears that, plaintiff has preferred an application under Order 11, Rule 1 of CPC (Exh.8). It is exhibited, on 25.08.2022. It was replied by defendant vide Exh.9 on 29.09.2022.
Subsequently, Court was vacant and the dispute was also referred for mediation. However, mediation failed. Considering the fact that, the plaintiff is aged 80 years and suit is of 2019, application at Exh.8 is taken for arguments.
Heard both sides on application at Exh.8.
Perused record.
Through Exh.8 plaintiff has prayed that, defendant be directed to carry out proper pagination of Written Statement, to file additional documents, to disclose all Fixed Deposits and its renewal. Plaintiff is also seeking initiation of perjury proceedings against Molly Soares.
Defendant has submitted that, they are ready to carry out the pagination. However, plaintiff cannot compel defendant to file documents.
Perusal shows that, on 10.12.2021, my Ld. Predecessor has granted unconditional leave to file Written Statement, within 30 days. Perusal further shows that, defendant filed Written Statement (Exh.4) on 10.01.2022.
Thereby, order was duly complied and the defendant filed the Written Statement within time.
As regards to documents not filed by the defendant, plaintiff will be at liberty to raise these aspects, during its evidence and during cross-examination of defense witnesses, if any. The plaintiff will also be at liberty to argue regarding adverse inference.
As defendant submitted that, they are ready and willing to do pagination. Hence, defendant is directed to carry out the pagination by next date.
As regards to the perjury proceedings are concern, it will require evidence. On the strength of evidence that is recorded in the suit, the plaintiff will be at liberty to take appropriate steps.
As defendant has not carried out the pagination, permission is granted to defendant subject to cost of Rs. 3,000/- payable to plaintiff.
(When the Court was about to award the cost, Plaintiff initially stated that, she do not require the cost. When Court ordered the cost of Rs.3,000/- the plaintiff prayed for cost of Rs. 15,000/-. Even during the dictation the plaintiff stated that, she want to challenge the Order.)
Exh-18 Application filed by plaintiff about mediation.
Plaintiff is informed that, as per the mediation rules, no party is supposed to disclose any thing about the mediation process.
Plaintiff is seeking longer date to challenge this order.
Plaintiff is aged 80 years and Suit is of 2019.
Hence, following order is passed.
Plaintiff is granted one month time to challenge this order.
In case if the suit is not stayed by Honble Bombay High Court then, the Branch Manager of defendant bank should remain present in the court with all details regarding to Fixed Deposits and its renewals. Defendant should file, before the Court, rules regarding the Fixed Deposit and its renewal.
On oral request of plaintiff, Suit is adjourned to 08.08.2024.
Suit adjourned to 08.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Chatur Tahilram Kripalani Vs The Saraswat Co operative
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take appropriate steps.
Suit adjourned to 30.09.2024 for compliance.
Later on at 13.54 Hrs.
Adv. P. Banerji for defendant.
Bank representative Prathmesh Nakhawa present.
Plaintiff side called, but absent.
Exh.30- Application filed by defendant to allow to deposit cost with cash section / department.
Parties to take appropriate steps.
Suit adjourned to 30.09.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Adv. Lavina Kriplani present for plaintiff.
Adv. P. Banerjee present for defendant.
Parties to take appropriate steps.
Suit adjourned to 12.11.2024 for steps at 15.00 Hrs.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Lavina Kripalani present for plaintiff.
Adv. P. Banerji present for defendant.
Exh.31 - Written statement filed by defendant with proper pagination.
Both submitted that, settlement talk is going on.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Parties to comply previous roznama orders.
Suit adjourned to 07.12.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: Adv Lavina Kriplani present for plaintiff.
None for defendant.
Suit adjourned to 21.12.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Chatur Tahilram Kripalani Vs The Saraswat Co operative
Adv. Lavina Kripalani present for plaintiff.
Adv. P Banerjee present for defendant.
Plaintiff submitted that, settlement is not possible.
Suit adjourned for admission and denial.
Parties 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 01.02.2025 for admission denial.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Chatur Tahilram Kripalani Vs The Saraswat Co operative
Adv. Lavina Kripalani present for plaintiff.
Adv. Manoj Chatage present for defendant.
Plaintiff submitted that, if the Branch Manager of defendant bank appears before the Court, then there can be a possibility of settlement.
Branch Manager of defendant bank to appear before Court on next date.
Considering age of plaintiff, parties are directed to explore settlement, if possible, through any of the mode from ADR.
On oral request, Suit is adjourned to 12.02.2025.
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 12.02.2025 for admission denial.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. Lavina Kripalani present for plaintiff.
Adv. P Banerjee present for defendant.
Branch Manager, Omkar Shirgaonkar present.
Suit is kept back at 17.00 Hrs.
Later on at 17.07 Hrs.
Adv. Lavina Kripalani present for plaintiff.
Adv. P Banerjee present for defendant.
Branch Manager, Omkar Shirgaonkar present.
Learned advocates appearing for plaintiff and defendant are ready to sit together to get the matter resolved amicabally.
Suit adjourned to 15.03.2025 at 15.00 Hrs. for settlements.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Pradnya Malvankar for defendant present.
The Ld advocate appearing for the plaintiff made a statement that she has served the settlement proposal upon Mrs. Aarti Patil, the Managing Director of the defendant bank.
Statement is accepted.
By consent matter stands Adj for settlement on 03-04-2025 at 03.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Manoj Chatage for defendant present.
By consent matter stands Adj to 16-04-2025 at 04.30 pm for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: Adv. Lavina Kripalani for plaintiff present.
Adv. Pradnya Malvankar for defendant present.
Plaintiff- Chatur Tahilram Kripalani is present through VC.
Authorized officer of the defendant Ujwala Nadkarni is present.
Exh.32 Consent terms filed by the parties.
O. Seen.
The plaintiff Chatur Tahilram Kripalani appeared through VC and Identified by Advocate Lavina Kripalani.
The plaintiff stated before the court that out of his free will and without any retaliation he entered into and signed the consent terms. He further stated that towards full and final settlement in the matter he entered into consent terms. He confirmed the terms mentioned in the consent terms are to be true and correct and submitted that the consent terms may be accepted and suit may be disposed off, accordingly as he received a Demand Draft of Rs.7,50,000/- from the defendant.
The defendant's authorized officer Ms. Ujwala Nadkarni present before the court along with Law Officer - Jay Tayshete. She stated that the defendant bank has authorized her to enter into and signed the consent terms. She further stated that the defendant bank has already handed over a Demand Draft No.011037 dated 03.04.2025 for Rs.7,50,000/- towards full and final settlement in the present matter, which the plaintiff has received on 08-04-2025 at his home.
The Ld Counsel appearing for the plaintiff and defendant submit that the consent terms have been acted upon and the parties to the suit have entered into the present consent terms towards full and final settlement in the matter. Hence, they submit that the consent terms may be accepted and suit may be disposed off, accordingly.
In the light of the above, I proceed to pass the following order.
i. The suit is decreed in terms of consent terms (Exh.32)
ii. All undertakings are accepted.
iii. Decree be drawn up accordingly and the consent terms shall form part of the Decree.
iv. Refund of Court fees as per rule.
v. All Interim applications in the suit stand disposed as infructuous.
Dictated and pronounced in open court in presence of the parties to the suit and their Ld Advocates.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 16-04-2025