Date: 13-01-2020
Business: Husband of plaintiff present.
Adv. Minal Parab for deft present and filed VP. TOR. She sought adjournment for filing written statement within 30 days for service of writ of summons. Adjournment granted as of right to the deft.
Matter stands Adj for Writ of summons to 21.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. S. K. Shah for plaintiff present and filed writ of summons and affidavit of service.
Writ of summons. TOR.
Affidavit of service with acknowledgement. TOR.
Adv. Minal Parab for defendant present.
Keep Back
Later on at 12.30 pm
Application filed by Ld. counsel for defendant for seeking adjournment for filing WS.
Heard Ld. counsel for both the sides. Ld. counsel for defendant submitted that writ of summons has been served on 23.12.2019. It is not possible to defendant to file WS within time i.e. before 23.01.2020 as the counsel has sent draft of WS to the defendant for approval. But, it is not received back. Ld. counsel for plaintiff has opposed the application.
Considering the submissions made before the court, short adjournment is granted.
Matter stands Adj for filing WS to 04.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Called at 11.30 am.
Adv. S. K. Shah for plaintiff present.
Adv. Minal Parab for defendant present
Keep back
Called at 12.15 pm.
Adv. S. K. Shah for plaintiff present.
Adv. Minal Parab for defendant present and filed WS.
Written statement filed on behalf of defendant.
Matter stands Adj for framing issues to 20.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Called out at 11.25 am
Adv. S. K. Shah for plaintiff present.
Adv. Minal Parab for defendant present.
Issues framed.
Matter stands Adj for filing evidence affidavit to 20.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 02.04.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 02.11.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.09.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 09/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 26/11/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 11.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 17/12/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 27.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv.Ms.Kalpana S. Shah for plaintiff present.
None present for defendant.
On the oral request of Adv.of plaintiff, matter adjourned.
Matter adjd to 11.02.2021 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Kalpana S. Shah for plaintiff present.
Adv.Minal S. Parab for defendant present.
Adv. of plaintiff filed affidavit of Shri.M.I. Jain CA of plaintiff in lieu of examination-in-chief, Exh.8 t.o.r. O-filed.
Compilation of documents, Exh.9 t.o.r. O-Defendant to reply.
Statement of truth, Exh.10 filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 23.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv.Kalpana S. Shah for plaintiff present.
Adv.Minal S. Parab for defendant present.
Matter adjd to 06.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv.K.S. Shah for plaintiff present.
None present for defendant.
Say not filed by plaintiff on admission and denial of documents of defendant.
Matter adjd to 11.03.2021 for case management hearing.
LO
Adv.Minal Parab for defendant present.
Matter adjd to 11.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv.Kalpana Shah for plaintiff present.
None present for defendant.
Ld.Adv. for the plaintiff seeks time for case management hearing.
Matter adjd to 20.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
Heard Ld. Adv. for the plaintiff about the case management hearing.
KB
LO
Adv. Kalpana Shah for plaintiff present.
Heard Adv. for defendant about the case management hearing.
Order on Case Management Hearing
In the present case, the issues are framed in accordance with Order 14 of the Code of Civil Procedure. The parties have tendered their list of witnesses.
The plaintiff has already tendered evidence of witness. The defendant is directed to cross-examine witnesses of the plaintiff on 31.03.2021.
Further, the defendant is directed to tender its evidence on 05.04.2021 and the plaintiff is directed to cross-examine the defendant witness on 09.04.2021. The plaintiff and defendant are directed to restrict their cross-examination only to the extent of controversy involved in the suit.
The suit would be further posted for Oral and Written Arguments on 19.04.2021. The plaintiff and defendant are provided 45 minutes each for their oral arguments. The suit further would be posted for judgment on 23.04.2021.
Matter adjd to 31.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Kalpana Shah for plaintiff present.
Adv.for defendant absent.
KB.
Adv. Minal Parab for defendant present.
Matter adjd to 05.04.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.04.2021 for recording evidence.
LO
Adv.Kalpana Shah for plaintiff present.
Matter adjd to 22.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
Adv. Minal S. Parab for defendant present.
Adjd to 08.06.2021 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 18.06.21 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 30.6.2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 27.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv Kalpana S. Shah for plaintiff present.
None present for defendant.
witness Mikil Mangilal present.
k.b.
l.o. at 12.35 pm.
Adv Kalpana S. Shah for plaintiff present.
None present for defendant.
Adjd for recording of evidence (Plaintiff) marking of plaintiff\''s documents to 20/08/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.56 pm
Adv.Kalpana S. Shah for plaintiff present.
Adv.Minal Parab for defendant present.
Witness Mikil Mangilal Jain, PW-1 present. He already tendered affidavit of evidence, Exh.8 a/w. documents, Exh.9. Affidavit of evidence is read and recorded today.
The parties have not filed affidavit of admissions and denials. Defendants advocate submits that defendant is not willing to file any document. The defendant is directed to file pursis accordingly and the defendant file admissions and denials to the plaintiff\''s document.
Matter adjd to 16.09.2021 for admission and denial by the deft. and marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
KB
LO at 12.38 pm
Adv.Kalpana Shah for plaintiff present.
Adv.Minal Parab for defendant present.
Both parties have not filed admission and denial. Last chance granted to file admission and denial.
Matter adjd to 06.10.2021 for admission and denial.
Judge
LO at 01.10 pm
Adv.Kalpana Shah for plaintiff present.
The plaintiff tendered draft chamber summons a/w. affidavit.
O-Leave granted to register draft chamber summons.
Matter adjd to 06.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for plaintiff.
Adv. Minal Parab for defendant present. She filed statement of admission and denial along with affidavit in support t.o.r marked as Exh.11 colly. Copy of same is kept on record for the plaintiff.
K.B.
L.O. at 12.25 pm
Adv. Kalpana Shah for plaintiff present.
Adv. Minal Parab for defendant present.
The plaintiff tendered registered Chs.no. 1108/21. Copy of same is furnished to the defendant.
Matter adjd to 18.10.2021 for filing reply and hearing on Chs. 1108/21.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: as on 18.10.2021 is holiday declared.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv.Aman Sagariya h/f.Adv.Shah for plaintiff present.
Adv.Minal Parab for defendant present.
The defendant tendered affidavit in reply to chamber summons No.1108/2021, Exh.12. Copy of same furnished to other side. Endorsement to that effect is made.
Matter adjd to 29.11.2021 for Chs hearing.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
KB
LO at 12.19 pm,
Adv.Kalpana Shah for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff filed rejoinder, Exh.13 in chamber summons No.1108/21 t.o.r. Copy of same is received by defendant. Endorsement to that effect is made.
The defendant has filed reply to statement of admission and denial. It is ordered as filed and marked as Exh.14. Copy of same is received by plaintiff. Endorsement to that effect is made.
Heard both the sides on chamber summons No.1108/21.
KB for order on ch/s.
LO at 4.45 p.m.
F.R.S.R. the following order is passed on CH/S. No.1108/21.
ORDER
1. Chamber Summons No.1108/2021 is dismissed.
2. Costs shall follow the event.
Matter adjd to 19.01.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. Kalpana Shah present for plaintiff.
None present for defendant.
Following order is passed in respect of marking of documents.
1. Document at serial no.1 is Power of Attorney dated 24th June 2019.(page 1 to 6) Read the contents of para no 2 of affidavit of evidence document is marked as Exh. 15.
2. Document at serial no.2 is Pass book issued by United Bank of India, Worli Mumbai to the Plaintiff in respect of her saving Bank Account. (page 7 to 19) Read the contents of para no 4 of affidavit of evidence document is marked as Exh. 16.
3. Document at serial no.3 is Print out of TDS traces in Form no. 26AS for Financial year 2015-2016. (page 20 to 21) Read the contents of para no 5 of affidavit of evidence document is marked as Exh. 17.
4. Document at serial no.4 is Print out of TDS traces in Form no. 26AS for Financial year 2016-2017. (page 22 to 23) Read the contents of para no 6 of affidavit of evidence document is marked as Exh. 18.
5. Document at serial no.5 is Confirmation of account for the financial year 2016-2017. (page 24) Read the contents of para no 6 of affidavit of evidence document is marked as Exh. 19.
6. Document at serial no.6 is Office copy of Advocates notice dated 12th February 2019 (page 25 to 26) Read the contents of para no 7 of affidavit of evidence document is marked as Exh. 20.
7. Document at serial no.7 is Postal slip. (page 27) Read the contents of para no 7 of affidavit of evidence document is marked as Exh. 21.
8. Document at serial no.8 is Acknowledgment received from post office. (page 28 and 28 A) Read the contents of para no 7 of affidavit of evidence document is marked as Exh. 22.
9. Document at serial no.9 is Non-starter Report dated 8th August 2019. It is Photo copy hence, marked as Article \''X\''.
Matter adjd to 29.01.2022 for Cross.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.20 pm,
Adv.Kalpana Shah for plaintiff present.
Witness PW 1-Mikil Jain present.
Defendant is absent for cross-examination. Keep for order against the defendant.
Matter adjd to 15.02.2022 for cross-examination/order against deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Plaintiff Mikil Jain present.
Adv.Minal Parab for defendant present.
Adv.of defendant filed draft notice of motion (setting aside) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copy of draft NM a/w. affidavit received by plaintiff. Endorsement to that effect is made.
Matter adjd to 03.03.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Plaintiff in person is present.
None present for defendant.
KB
L.O. at 11.42 a.m.
Adv. Ms. Kalpna Shah for the plaintiff present.
Adv. Ms. Parab for the defendant present.
The defendant tendered registered NM No.644/2022 alongwith affidavit. t.o.r.
The plaintiff tendered reply in NM No.644/2022. t.o.r. and marked as Exh.24. Copy is received by the defendant.
Matter adjd to 19.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: CA of plaintiff present.
None present for defendant.
KB
LO at 12.01 pm,
Adv.Kalpana Shah for plaintiff present.
Adv.Minal Parab for defendant present.
KB
LO at 12.45 pm,
Adv.Kalpana Shah for plaintiff present.
Heard advocate of plaintiff on NM 644/2022.
KB
LO at 01.15 pm,
Adv.Minal Parab for defendant present.
Heard advocate of defendant on NM 644/2022.
Matter adjd to 31.03.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
KB for order.
LO at 05.30 pm,
Adv.K.S.Shah for plaintiff present.
F.R.S.R. following order is passed
ORDER
1. Notice of Motion No.644 of 2022 is dismissed.
2. The defendant is allowed with liberty to file written submissions cum objections with respect to the exhibition and admissibility of documents. Same shall be considered for the merit of case.
3. Notice of Motion No.644 of 2022 is disposed of accordingly.
Matter adjd to 20.04.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.10 pm,
Adv.K.S.Shah for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff filed written submissions cum objections in respect of plaintiff\''s document in view of order dated 31.03.2022 passed in NM No.644/22 t.o.r. and marked as Exh.25.
Copy is received by the plaintiff.
KB
LO at 12.10 pm,
Adv.K.S.Shah for plaintiff present.
Adv.Minal Parab for defendant present.
Witness present.
Heard the parties on CMH. Following schedule is fixed.
20.04.2022 Cross-examination of PW-1.
29.04.2022 Written and or oral argument (at 3.30 pm)
06.05.2022 Judgment
Cross-examination of Mr.Mikil Mangilal Jain (PW-1) commenced and completed.
During the cross-examination the defendant filed document alongwith pursis t.o.r. and marked as Exh.26. Copy of same is received by the plaintiff.
Both parties filed joint evidence close pursis t.o.r. and marked as Exh.27.
Matter adjd to 29.04.2022 at 03.30 pm for written and oral argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: None present for both parties.
K.B.
L.O. at 12.15 p.m.
Adv Kaplana shah for plff present.
Adv Minal Parab for deft present.
On request of Adv for plff matter adjd to 10.06.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv Kalpana Shah present for plaintiff.
Adv Minal Parab present for defendant.
Written argument filed by adv for deft at Exh.28.
Oral argument of adv of both parties heard.
Mater is adjd. for further argument on law points to 20.06.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Plffs POA present.
Adv. Kalpana Shah present for plff.
Adv. Parab present for Deft.
Heard reply argument of adv of plff.
LO 3.30 pm.
F.R.S.R. following order passed.
i. The plaint be returned to plaintiff for being presented to the Court in which the suit should have been instituted, not being a Commercial Dispute.
ii. The parties to appear before the Court in newly registered suit on 11/7/2022.
iii. The parties to bear their own costs.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 20-06-2022